INDIAN OIL CORPORATION LIMITED Vs. PALLABI MAJUMDER (ROY), ALIAS PALLABI ROY

JUDGEMENT

(1.) This is an appeal under Section 100 of the CPC from the judgment of reversal dated 23.02.2015 as delivered in Money Appeal No. 08 of 2012 by the Additional District Judge, Court No.4, West Tripura, Agartala.

(2.) By the said judgment dated 23.02.2015, the judgment dated 07.01.2006 delivered in MS 02 of 2016 by the Civil Judge, Senior Division, Court No.1, West Tripura, Agartala has been reversed on observing that the finding of the Civil Judge that due to non delivery of the petroleum product by the plaintiff, the defendant (the appellant herein) had no other option but to show the cost of the said petroleum product as accidental loss is totally contrary to the law as the defendants being the statutory authority had no scope to make any recovery from the private individual on any imaginary ground such as accidental loss without following the principles of natural justice as enunciated in Ka Oldphimai Mukhim v. The District Council Jaintia Hills, Autonomous District Jowai and Others reported in AIR 1983 Gauhati 1. The suit was thus decreed directing the appellants herein to pay an amount of Rs.3,56,302/- with interest at 7% per annum from the date of filing of the suit i.e. 07.01.2006 till the date of payment.

(3.) The said finding has been seriously questioned in this appeal. At the time of admitting the appeal by the order dated 15.07.2017, the following substantial questions for purpose of hearing of this appeal were framed: