TRIPURA STATE ELECTRICITY CORPORATION LTD Vs. RAJESH SANTAL

JUDGEMENT

(1.) Heard Mr. N. Majumder, learned counsel for the appellant- Tripura State Electricity Corporation Limited (for short, TSECL). Also heard Mr. B. Saha, learned counsel appearing for the respondents.

(2.) This is an appeal filed under Sec. 96 of the CPC against the judgment and decree dtd. 16/3/2020 passed by the learned Civil Judge, Senior Division, Court no. 3, West Tripura, Agartala, in connection with case no. Money Suit (Fatal) 37 of 2017.

(3.) Facts, in short, are that the respondents who were the original plaintiffs in the suit had filed a suit under Sec. 1-A of the Fatal Accident Act, 1855, claiming compensation to the tune of Rs.8.00 lakh for the death of their mother, namely, Sefali Santal, out of electrocution. In the suit they have stated that on 8/10/2016 at about 5.00 a.m. their mother was returning from Brajadinipur, the house of the respondent no. 2 (plaintiff no.2) towards Palpara and on the way the deceased came in contact with a live electric wire, which had fallen on the road side having been detached from the electric pole of the defendants, following which she died on the spot. The respondents being the son and daughter of the deceased had alleged that the said incident had occurred due to sheer negligence and carelessness on the part of TSECL.