STATE OF TRIPURA Vs. TAPAS DEB CHOUDHURY

JUDGEMENT

(1.) Heard Mr. S. Chakraborty, learned Government Advocate appearing for the appellants and also Mr. P. Roy Barman, learned Counsel appearing for the respondent/claimant. This appeal is directed against the judgment and order dated 10.9.2011 passed by the learned District Judge, West Tripura, Agartala in Case No. T.S. (F.A.) 16 of 1997.

(2.) At the very outset of hearing Mr. S. Chakraborty, learned Government Advocate appearing for the appellants contends that Case No. T.S. (F.A.) 16 of 1997 is not maintainable inasmuch as suit for compensation under section 1-A of the Fatal Accidents Act, 1855 could be filed only in the case of death of a person and only the family members, i.e. wife, husband, parents and child of the person who died due to fatal accident could file said suit for compensation under section 1-A of the Fatal Accidents Act, 1855.

(3.) In the present case, it is the admitted case of the parties that the claimant-petitioner filed the said case, i.e. Case No. T.S. (F.A.) 16 of 1997 for the injury sustained by him under section 1-A of the Fatal Accidents Act, 1855. For easy reference. Section 1-A of the Fatal Accidents Act, 1855 is quoted hereunder: