SIPRA BANIK AND ORS. Vs. CHAIRMAN-CUM-MANAGING DIRECTOR, TRIPURA STATE ELECTRICITY CORPORATION LIMITED AND ORS.

JUDGEMENT

(1.) This appeal by the plaintiff-appellants is directed against the judgment and decree dated 20th April, 2013/25th April, 2013 passed by the learned Civil Judge (Senior Division), South Tripura, Udaipur in Money Suit No. 05 of 2012 whereby the suit of the plaintiff has been dismissed holding that the same has been filed beyond the period of limitation. On merits also the learned trial Court has dismissed the suit.

(2.) Briefly stated, the allegations made in the plaint are that the plaintiff No.1 is the widow, plaintiffs 2 and 3 are the sons and plaintiff No.4 is the daughter and proforma-defendant is the mother of the deceased, Arun Chandra Banik alias Arun Banik. According to the plaintiff the deceased was grazing his cattle on the other side of the border fencing with permission of the BSF authorities. At about 1.00 pm live high tension wire of 33 KV electricity of the Rajnagar Belonia line fell down upon the deceased, Arun Banik and as a result of which he suffered severe electric shock and burn injuries. Arun Banik was shifted to the Belonia hospital from where he was referred to the G.B.P. Hospital and admitted there on 11.08.2008. Unfortunately, Sri Arun Banik succumbed to his injuries at Agartala on 15.08.2009 at about 10.00 pm.

(3.) According to the plaintiffs the deceased died due to the negligence of the electricity corporation in not maintaining it's high tension wires properly. According to the plaintiffs, the defendant did not properly perform their duties and did not maintain the 33 KV line properly and, therefore, were liable to compensate the plaintiffs for the damage suffered by them. The suit was filed on 12.07.2013. The learned trial Court on the issue of limitation held that the suit was governed by Article 82 of Schedule-I of the Limitation Act, 1963 and the limitation was 2(two) years from the date of death i.e. 15.08.2009 and the suit having been filed beyond the period of limitation was not maintainable.