STATE OF TRIPURA Vs. SRIDHAN CHOUDHARY

JUDGEMENT

(1.) In both the Civil Revisions Identical questions of law have been raised by the petitioners, the State of Tripura and another and as such it is prepared to decide and dispose of both the Civil Revisions by a common Judgment.

(2.) Civil Revision No. 63 of 1998 This Civil Revision under Section 115 of the Code of Civil Procedure is directed at the instance of the State of Tripura and another against the final judgment/Order dated 4-8-1998, passed by the learned Commissioner, Fatal Accident Claims Tribunal, South Tripura, Udaipur in Case No. Title Suit (Fatal Accident) 165 of 1997. The respondents herein Shri Sridhan Choudhury and another filed the case bearing No. T.S. (Fatal Accident) 165 of 1997 seeking compensation for the accidental death of Bishakha Choudhury (wife of the respondent No. 1 Shri Shridhan Choudhury) and minor daughter Supriya Choudhury. The deceased Bishakha Choudhury taking her minor daughter Supriya in her own lap was walking through a road in her own village and suddenly came in contact with a live high voltage electric wire which being snapped away from over head line was lying on the road on 21-10-97. Due to the aforesaid electrocution, Bishakha Choudhury and her minor daughter Supriya died. Due to the negligence of the Power Department of the State of Tripura, the live electric wire was snapped from the over head line and that was not removed by the departmental authority in due time. The petitioners herein contested the matter before the learned Tribunal as oppositeparties contending inter alia, that the petition was not maintainable inasmuch as there was no negligence on the part of the Power Deptt. of the Govt. of Tripura, rather due to negligence of the local people who eventually used to draw hook line from the over head electric line, the accident happened and the Power Department of the Govt. of Tripura could not be held responsible. However, the learned Tribunal by the impugned Judgment/order awarded a compensation of Rs. 1,31,600/- with 12% Interest per annum from the date of filing of the petition i.e. 6-12-1997 till realisation of the entire amount for death of the wife and minor daughter of the respondent No. 1 herein Shri Shridhan Choudhury.

(3.) Civil Revision No. 64 of 1998 This Civil Revision under S. 115 of the Code of Civil Procedure has been arisen out of the Judgment/order dated 20-8-1998, passed by the learned Commissioner, Fatal Accident Claims Tribunal, South Tripura, Udaipur in Case No. Title Suit (Fatal Accident) 166 of 1997. The respondents herein filed a petition claiming compensation before the learned Commissioner, Fatal Accident Claims Tribunal, South Tripura, Udaipur for the accidental death of Afral Jamatia, the husband of respondent No. 1 and father of minor respondent Nos. 2 and 3. According to the claim petition, on 21-10-1997 while the deceased Afrai Jamatia was going to Udaipur through his village road at Pitra he came in contact with a live electric line snapped down from over head high voltage electric line on the road, as a result he died. The State opposite-parties contested the case by filing written statement and raised pleas identical to those of the earlier case (Title Suit (Fatal Accident) No. 165/1997). The learned Commissioner on completion awarded a compensation of Rs. 1,02,000/- with 12% interest per annum from the date of filing of the petition i.e. 6-12-97 till realisation of the entire amount.