Gujarat High Court Upholds ₹ 6.25 Lakh Compensation For Boy’s Death Due To Electrocution
The Gujarat Excessive Courtroom has upheld an order granting compensation of Rs 6.25 lakh together with curiosity to the dad and mom of an 18-year-old boy who died as a consequence of electrocution. The Excessive Courtroom additionally noticed that it’s the responsibility of the electrical board to see that electrical wires don’t contact the timber, and for that, the board has to take acceptable steps.
The attraction earlier than the Excessive Courtroom was filed by the appellant – Paschim Gujarat Vij Co. Ltd. in opposition to the judgment of the Trial Courtroom partly permitting the Civil Go well with filed by the respondents-original plaintiffs and directing the Firm to pay Rs 6,25,000 together with curiosity.
The Single Bench of Justice Hemant M. Prachchhak held, “It’s acceptable to notice herein that it’s the responsibility of the electrical board to see that the electrical wires don’t contact the timber and for that the board has to acceptable steps. In current case, as a consequence of negligence on the a part of the board, the son of respondent No.2 died premature. Additional, from the report it establishes that the wires had been hanging and bent from the centre and had come close to to the bottom, and identical had been touching the timber.”
Advocate SP Hasurkar represented the Appellant whereas Advocate R Kirtidev R Dave represented the Respondent.
Factual Background
The incident dates again to the yr 2008 when the son of the plaintiffs, aged 18 years, died after being electrocuted as a consequence of an electrical line passing by the timber. When the accident occurred, the boy was standing beneath the timber and was reducing the vegetation for grazing the cattle. The plaintiffs-being dad and mom of the deceased, filed a swimsuit for restoration of compensation on account of the premature demise of their younger son. The Trial Courtroom directed the appellant to pay compensation. Aggrieved thereby, the appellant most well-liked the attraction.
Reasoning
The Bench discovered that the explanations recorded by the trial courtroom to cope with the mentioned points had been simply and correct. With regard to the age of the deceased, the trial Courtroom mentioned that the autopsy notice supported the speculation of 18 years of age. Additional, the Trial Courtroom additionally thought of the truth that the deceased was incomes Rs 200 per day from the sale of Milk and his month-to-month earnings was Rs 6000 monthly.
“Therefore, in view of the above observations, this Courtroom is of the opinion that the trial Courtroom has not dedicated any error in passing the impugned judgment and award”, the Bench mentioned.
Dismissing the attraction, the Bench ordered, “The quantity deposited by the appellant earlier than the trial Courtroom is ordered to be disbursed in favour of respondent No.2 herein together with accrued curiosity, if any, inside interval of eight weeks from the date of receipt of copy of current order.”
Trigger Title: Paschim Gujarat Vij Co Ltd. v. Mithaubhai Nageshi Maheshwari & Anr. ( Case No.: R/First Attraction No. 470 of 2012)
Look
Appellant: Advocate SP Hasurkar
Respondent: Advocates R Kirtidev R Dave, Rahul Ok Dave
