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2005 Supreme(Gau) 172

TINLIANTHANG VAIPHEI, A.B.PAL
State of Tripura – Appellant
Versus
Swapna Chakraborty – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: S. Chakraborty, Adv.
For Respondents/Defendant: S. Talapatra, Sr. Adv. and S.K. Dutta, Adv.

JUDGMENT

A.B. Pal, J.

1. The above appeal and the cross-objection are directed against the judgment dated 31-7-1996 passed by District Judge, West Tripura, Agartala in Title Suit (FA) No. 3 of 1994 whereby an award of Rs. 82,380/- was made in favour of the claimant cross-objectors against their claim of Rs. 17,04,000/- on account of death of Nirapada Chakraborty, their predecessor in interest by electrocution on 5-9-1990. The respondents-cross-objectors being the wife and mother of the deceased being aggrieved filed cross-objection for enhancement of the award. The State of Tripura and four others being officials of the Department of Power preferred the appeal against the said award on ground of jurisdiction and maintainability.

2. The short fact relevant for disposal of these two cases is that Nirapada Chakraborty, aged about 31 years went to his field on 5-9-1990, came in contact with a snapped live wire drawn from main power line and died instantaneously. The allegation is that a loose wire from the main power line was drawn to a shallow pump by the Power Department, which being not taken due care of, fell on the field of the deceased on the fateful day. He was at once taken to the
























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