STATE OF TRIPURA Vs. JHARNA RANI PAL

JUDGEMENT

(1.) THE judgment and award dated 23-11-1999 passed by the District Judge, West Tripura, agartala in T. S. (F. A.) No. 7 of 1997 stands impugned in the present appeal preferred by the State of Tripura. An amount of rs. 4,00,000/- (rupees four lakhs) with interest at the rate of 12% per annum on failure to pay the amount to the claimants-respondents within a period of three months has been awarded by the judgment impugned.

(2.) IN a tragic accident four members of a family were electrocuted to death on 2-10-1996. On the fateful evening the deceased Gautam Paul (35) along with his wife Rachana Paul (25) and their two daughters aged 8 and 4 were returning home from Maharajganj Bazar. Due to heavy rain-pour even the main road went under water. Unfortunately, a live electric wire from the main power line had fallen on the road, which could not be noticed due to rainwater and darkness. Gautam came in contact with the said live wire and got electrocuted. He cried for help. To save him, his wife and two daughters, panicked as they were, touched him and got electrocuted. All four person died on the spot. Another boy of the negihbourhood aged 17-18 years came to their rescue but died the same way. Gautam left behind his old parents as the surviving legal heirs. A criminal investigation was initiated following an F. I. R. lodged on the following day in the East Agartala police station. A case was registered under section 304 (A) of the Indian Penal Code and after completion of the investigation the said case (G. R. Case No. 805 of 1996) came to be tried by the Chief Judicial Magistrate, west Tripura, Agartala. The parents instituted the present suit under the Fatal Accidents act, 1855 claiming compensation of rs. 24,20,000/- for the accidental death of four persons who were their son, daughter-in-law and grand children. In support of the amount claimed the income of the deceased Gautam paul and his wife Rachana Paul had been shown to be Rs. 4,000/- and Rs. 1,000/- per month respectively. It has been claimed that gautam was a businessman and his wife was Crafts woman earning from Cane works.

(3.) THE Power Department of the State government being responsible for generation, transmission and supply of power in the state, it was contended on behalf of the claimants that maintenance of power line was also their sole responsibility. As the accident had occurred from live-wire fallen from the service-main of the power line, the said department is contended to be guilty of negligence and thus liable to compensate for the loss of lives of the persons aforementioned.