ANJANA SARKAR Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) Heard Mr. A. De, learned counsel appearing for the appellants. Also heard Mr. D. Sarma, learned Addl. G.A. appearing for the respondents.

(2.) This appeal has been filed by the wife of the deceased who died out of electrocution. The suit was registered as TS (FA) 17 of 2000.

(3.) Thereafter, the daughter-in-law of Smti. Sarkar had filed a petition under Fatal Accident Act, claiming compensation but, the maintainability of the claim petition filed by the wife of deceased Ratan Sarkar under the relevant provisions of Fatal Accident Act was questioned by both the Electric Department and the State that the claim petition was not maintainable and it was pending for disposal for many years. Lastly, Hon'ble High Court had observed that the claim petition under Fatal Accident Act was not maintainable but, directed all the claimants to institute appropriate suit before the competent Court of jurisdiction and also directed to return all the plaints before those courts. Accordingly, the instant suit was returned. A fresh plaint was filed which was registered with Court of learned Civil Judge, Sr. Division, Court No. 1, West Tripura, Agartala being Money Suit No. 43 of 2008. It reveals that "the suit arose as per return of the plaint by the learned District Judge by an order dated 19.03.2007 in T.S. (FA) 17 of 2000".