FA/266/2007

Judgment text excerpt

NEUTRAL CITATION C/FA/266/2007 JUDGMENT DATED: 10/06/2026 2026:GUJHC:34322 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 266 of 2007 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE J. C. DOSHI ========================================================== Approved for Reporting Yes No No ========================================================== SURYABEN,WD/O NATVARLAL AMRUTLAL MODI & ORS. Versus UTTAR GUJARAT VIJ COMPANY LIMITED(UGVCL) & ANR. ========================================================== Appearance: MR JIGAR G GADHAVI(5613) for the Appellant(s) No. 1,2,3,4,5,6 DELETED for the Defendant(s) No. 2 MR SP HASURKAR(345) for the Defendant(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 10/06/2026 JUDGMENT 1. Heard learned advocates for the respective parties. 2. Judgment and decree passed in Special Civil Suit No.65 of 1995 dated 15.11.2003 passed by learned Joint Civil Judge (Senior Division), Mahesana is appealed in this first appeal by the original plaintiff. 3. Facts of the case are as under :- 3.1. Deceased Natverlal Modi died on 17.06.1994, while he was adjusting water pipe on terrace, came in contact with live electric Page 1 of 3 Uploaded by () on Downloaded on : Tue Jun 30 23:19:32 IST 2026 NEUTRAL CITATION C/FA/266/2007 JUDGMENT DATED: 10/06/2026 2026:GUJHC:34322 wire, resulting on the spot death of Natverlal due to electrocution. Legal heirs of deceased Natverlal filed suit under Electricity Act to recover amount of Rs.11 lakhs with interest against erstwhile Gujarat Electricity Board (now UGVCL). 4. Learned Trial Court dismissed the suit on the ground that deceased was self negligent and therefore, electricity company is not liable to pay compensation. 5. Without delving