STATE OF MIZORAM Vs. LALDAWNGKIMA

JUDGEMENT

(1.) HEARD Mr. A.K. Rokhum, learned Addl. Advocate General, Mizoram, appearing for the appellants and Mr. L.H. Lianhrima, learned counsel appearing for the respondent.

(2.) THIS appeal, under section 17(2)(b) of Mizoram Civil Court Act, 2005, read with Section 96 and order 41 Rules 1 and 2 of Code of Civil Procedure, 1908, is directed against the judgment and decree, dated 13.06.2011, passed by the learned Civil Judge, Senior Division No. 2, Aizawl District, Aizawl, Mizoram, in Money Suit No. 25/2010. By the impugned judgment and decree aforesaid the learned Civil Judge, Senior Division No. 2, Aizawl, has awarded compensation of Rs. 6,40,000/ - with interest, thereon, at the rate of Rs. 12% from the date of institution of the suit (25.05.2010) till realization, on the ground that the plaintiff/ respondent suffered injury due to electrocution, resulting amputation of his right arm, on account of fault/ negligence, on the part of the Power and Electricity Department, Aizawl, Mizoram.

(3.) THE material facts, necessary for the purpose of disposal of this appeal, may, in brief, be stated as follows : -