LAWS(TRIP)-2020-3-45

PRANITA DEBBARMA Vs. STATE OF TRIPURA

Decided On March 13, 2020
Pranita Debbarma Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) Heard Mr. D.R. Chowdhury, learned counsel appearing for the appellant as well as Mr. D. Bhattacharjee, learned GA appearing for the respondent No. 1 and Mr. P. Chakraborty, learned counsel appearing for the respondents No. 2, 3 and 4.

(2.) This is an appeal under section 96 of the CPC from the judgment and decree dated 21.08.2015 delivered in M.S. 25 of 2012 by the Civil Judge, Senior Division, Court No. 1, West Tripura, Agartala. There is no dispute about the basic facts that Dinesh Debbarma aged about 30 years met a fatal accident on 23.07.2012 when he was engaged in collecting vegetables from his field and he came in contact with a live electric wire lying on the path for sheer negligence of the transmission agency.

(3.) It has been further stated and proved that the electric transformer was placed without any boundary fencing and without any board cautioning the danger. Even there were several requests from the local people earlier to the said fatal accident, but no steps were taken by the respondents No. 2, 3 and 4.