LAWS(TRIP)-2023-3-4

PAPPI DEBNATH Vs. STATE OF TRIPURA

Decided On March 29, 2023
Pappi Debnath Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) Heard Mr. D. R. Chowdhury, learned senior counsel assisted by Mr. D. Deb, learned counsel appearing for the appellants. Also heard Mr. P. Gautam, learned counsel and Mr. N. Majumder, learned counsel appearing for the respondents.

(2.) This appeal has been filed under Sec. -96 of the CPC against the judgment dtd. 14/9/2021 passed by the learned Civil Judge, Sr. Division, Court No.2, Dhalai Judicial District, Ambassa in connection M.S.03 of 2019.

(3.) The brief facts, leading to this appeal are that the husband of plaintiff No.1, the appellant No.1 herein, was the water supply pump operator. He was engaged in the water supply pump of West Lalchari Gram Panchayat under the Sub-Division Officer (DWS), Drinking Water Sanitation Sub-Division, Ambassa which was run by electricity. The husband of the appellant No.1 used to operate the side electric pump very sincerely and used to supply drinking water in the area regularly. It has been alleged that the power department had installed a transformer at the adjacent site of the water supply pump hose and the fuse of the power line was installed with a coconut tree and the deceased had repeatedly requested the concerned person of the power department to shift the same and to install it within the pump house premises, but the power department negligently did not take any steps in this regard.