LAWS(TRIP)-2014-3-55

TRIPURA STATE ELECTRICITY CORPORATION LTD Vs. S D O (ELECTRICAL); STATE OF TRIPURA; RINA SUTRADHAR, WIFE OF LATE RABINDRA SUTRADHAR; RUMA SUTRADHAR, DAUGHTER OF LATE RABINDRA SUTRADHAR; RANA SUTRADHAR, SON OF LATE RABINDRA SUTRADHAR

Decided On March 12, 2014
Tripura State Electricity Corporation Ltd Appellant
V/S
S D O (Electrical); State Of Tripura; Rina Sutradhar, Wife Of Late Rabindra Sutradhar; Ruma Sutradhar, Daughter Of Late Rabindra Sutradhar; Rana Sutradhar, Son Of Late Rabindra Sutradhar Respondents

JUDGEMENT

(1.) Heard Mr. A. Sengupta, learned counsel appearing for the appellants as well as Mr. S. Roy, learned counsel appearing for the respondents.

(2.) This is an appeal under Section 100 of the CPC by the Tripura State Electricity Corporation Ltd. and others against the judgment and decree dated 31.08.2007 delivered in Money Appeal No.9/2006 by the Addl. District Judge, Court No.3, West Tripura, Agartala, whereby the judgment and decree dated 15.11.2005 delivered in Money Suit No.27/2004 by the Civil Judge, Senior Division No.2, Agartala, West Tripura was reversed.

(3.) The suit was filed by the respondents under Section 1A of the Fatal Accidents Act, 1855 for death of Rabindra Sutradhar, having been electrocuted from the supply line which is supposed to be carefully managed by the appellants. The said fatal accident had taken place on 10.03.2004 at about 7.00 am and the person who was electrocuted had been transported to the GBP Hospital, where he was declared dead.