JUDGMENT :

Mir Alfaz Ali, J.

Heard Mr. PK Deka, learned counsel for the appellant and Mr. Bhattacharyaa, learned standing counsel, APDCL.

2. This first appeal is by the plaintiff against the judgment and decree passed by the learned Civil Judge, Hailakandi in Money Suit No.3/2009 whereby, the learned trial Court awarded an amount of Rs. 2,00,000/- as compensation to the plaintiffs.

3. The case of the plaintiff was that one Abdul Latif Laskar (since deceased), was the husband of the plaintiff No.1 and father of the plaintiff Nos.2,3, & 4. On 29.09.2008 at about 2.45 pm, while said Abdul Latif Laskar was proceeding towards Krishnanagar, he suddenly came in contact with a live electric wire which was lying on the road, as result of which, said Abdul Latif Laskar got electrocuted and died. It is stated that the electric wire was loose and it was detached because of rain and storm, which took place on the previous night and the death of the victim Abdul Latif Laskar was caused due to negligence of the defendant APDCL. Hence, the legal heirs of the Abdul Latif Laskar filed the civil suit seeking compensation of Rs.6,50,000/-.

4. The defendant electricity authority (APDCL) contested the suit by filing written statement, stating therein, that the snapping of the electric line because of the storm was an act of God and therefore, the defendants were not liable. It was also stated that the deceased was also negligent and contributed to the accident, inasmuch as, he touched the electric line without taking proper care and caution, and therefore, no compensation could be granted for the death occurred due to the own negligence of the deceased. On the basis of the above pleadings, learned trial Court framed the following issues:

a. Whether the instant suit is maintainable in its present form and circumstances?

b. Whether there is any cause of action in the instant suit?

c. Whether the defendants are negligent and responsible for the incident?

d. Whether the plaintiffs are entitled to get Rs.6,50,000/- (Rupees Six Lakhs & fifty thousand) as compensation from the defendants?

e. Whether the deceased Abdul Latif Laskar has got any contributory negligence for his death by electrocution?

f. To what relief or reliefs, the plaintiffs are entitled to get under the law and equity?

5. Both the parties adduced evidence and upon hearing the parties, learned trial Court passed the impugned decree whereby a lump sum amount of Rs.2,00,000/- was awarded in favour of the plaintiff/legal representatives of the deceased Abdul Latif Laskar as compensation.

6. Unsatisfied with the quantum of award made by the learned trial Court the plaintiffs have filed the appeal.

7. Learned counsel for the appellant Mr. Deka submits that the death of the victim Abdul Latif Laskar was caused due to negligence of the defendant and there was no evidence on record to attribute contributory negligence to the victim. However, learned trial court wrongly attributed contributory negligence to the victim and thereby fell in error. It is also submitted that the learned trial Court granted compensation of Rs.2,00,000/- without considering the evidence brought on record, more particularly, the dependency as well as the income etc of the victim and thereby failed to award just and reasonable compensation. Learned standing counsel for the APDCL submits that the learned trial Court having considered the evidence and materials brought on record rightly passed the decree awarding compensation of Rs.2,00,000/-, which does not require interference.

8. During the course of argument, learned counsel for the appellant has bought to the notice of the Court, an Office Memorandum dated 18.12.2013, of the APDCL, wherein it was provided that in order to avoid litigation the APDCL shall pay compensation in case of death due to electrocution in the following rate,

up of 20 years of age - Rs. 1,50,000/-,

above 20 years and upto 55 years of age - 2,50,000/-

Above 50 years of age - Rs. 1,50,000/-

9. Having gone through the e