PRADIP KUMAR GHOSH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution filed by the petitioner for directing the respondents to pay the compensation for the loss suffered by him on account of an electrical accident.

(2.) The petitioner's case in this writ petition is that on 17-10-1990 at about 3.30 p.m., the dwelling house of the petitioner located at Mission Road, Kashipur, Resham Bazar in West Tripura and all the belongings of the petitioner in the said house weretotally gutted due to an electrical accident. After the accident, the Electrical Inspector of Government of Tripura, visited the site on 18-10-1990 at about 11.30 p.m. and submitted a report stating that the accident took place on account of sparks from the electric line going to the house of the petitioner. Simultaneously, the Divisional Fire Officer, West Tripura Division, Agartala also submitted a Fire Report No.154 dated 17-10-1990 stating that the fire accident was caused due to tremendous electric sparks which fell on the thatched roof of the petitioner. In the said Fire, it was also reported that the total value of the property involved in the accident was Rs. 50,000/- out of which Rs. 5,000/- worth of property had been saved from the fire, and the petitioner had suffered a damage to the tune of Rs.45,000/-. The petitioner, therefore, requested the Chief Engineer (Elect.), Government of Tripura, by his letter dated 17-10-1990, to pay the compensation of Rs.45,000/- for the loss suffered by him due to fault of electric supply line. He also addressed representations to the Minister, State, Power, Government of Tripura, on or about 15-11-1990 and 21-3-1991, making a similar request to pay the compensation. He also made a prayer before the Secretary, Power, Government of Tripura, in his letters dated 9-9-1991 and 26-11-1991, to pass necessary orders for payment of compensation. Finally, the petitioner served notice dated 13-7-1993 under Sec.80, Civil Procedure Code, claiming compensation of Rs.45,000/- with interest @ 17% per annum on account of fire accident due to electrical fault till realisation. As there has been no response to his aforesaid written request, representations and notice u/s 80. CPC, the petitioner has moved this Court under Art. 226 in this application for appropriate relief.

(3.) At the hearing, Mr. M. N. Indu, learned counsel for the petitioner, submitted that the report of the Electrical Inspector, Government of Tripura and the Fire Report annexed to the Additional Affidavit filed in the case show that due to the defect in the electric supply line to the house of the petitioner, the fire accident occurred as a result of which the petitioner suffered loss of property worth Rs.45,000/-. Hence, the respondents are liable to pay the compensation for the loss suffered by the petitioner with interest @17% per annum, and this Court should issue appropriate directions to pay the same to the petitioner.