TRIPURA STATE ELECTRICITY CORPORATION LTD. Vs. SONALI SOM (SARKAR)

JUDGEMENT

(1.) Heard Ms. S. Nandi, learned counsel appearing for the Tripura State Electricity Corporation Ltd. (TSECL for short) as she submits that she represents the case on behalf of Mrs. S. Deb (Gupta) who appears to be the advocate on record of the case. Also heard Mr. D. Deb, learned counsel appearing for the claimant-respondents.

(2.) Briefly stated, Smt. Sonali Som (Sarkar) and Smt. Ankita Sarkar had instituted the instant suit being the wife and daughter of late Sujit Sarkar @ Kalu claiming compensation of Rs. 10,00,000/- (ten lakhs) due to the death of late Sujit Sarkar on 18.09.2012. The grounds for instituting the present suit as pleaded by the claimant-respondents are that, while they were returning back to their house and came near to the house of one Priya Ranjan Deb, they got electrocuted out of hook line which was connected to the house of Priya Ranjan Deb from the road side electric pole of the Corporation (TSECL) leading to the death of Sujit Sarkar. On the other hand, Ms. Nandi, learned counsel for the TSECL has submitted that said Priya Ranjan Deb had hooked the electric connection most illegally and negligently and according to her non-impleadment of Priya Ranjan Deb in the case is fatal to the instant suit. Ms. Nandi, learned counsel further submitted that a criminal case was registered against Priya Ranjan Deb under Section-304(A) of IPC and Section 135 of Indian Electricity Act. So, according to the learned counsel for the Corporation, the electricity department i.e. the TSECL should not be held to be negligent and responsible for the death of the husband of the claimant-respondent No. 1. To brush aside such submission of Ld. Counsel for TSECL, Mr. Deb, learned counsel for the claimant-respondents has submitted that it was the obligation cast upon the corporation to take enough care and precaution to prevent hooking of electric connection by any person.

(3.) I have perused the judgment passed by the learned Civil Judge, Sr. Division, West Tripura, Agartala in Money Suit No. 26 of 2014. The learned Judge had framed the following issues while deciding the suit as follows: