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2016 Supreme(Tri) 447

S.TALAPATRA
Tripura State Electricity Corporation Ltd. – Appellant
Versus
Anjana Sarkar, wife of late Ratan Sarkar – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. P. Chakraborty, Advocate.
For the Respondents:Mr. A. Dey, Advocate.

JUDGMENT AND ORDER :

S. Talapatra, J. (Oral)

Heard Mr. P .Chakraborty, learned counsel appearing for the appellants as well as Mr. A. Dey, learned counsel appearing for the respondents.

2. This is an appeal under Section 100 of the CPC against the judgment and decree dated 26.06.2012, delivered in Money Appeal No. 24 of 2011 by the Additional District Judge, West Tripura, Agartala, Court No.5.

3. There is no dispute that in the suit, Tripura State Electricity Corporation Ltd., hereinafter referred to as the Corporation was not a party. But some of its officers namely the appellants No.2 and 3 were arraigned as the defendant in the suit being Money Suit No.43 of 2008, which has been instituted for purpose of realising the damage, quantified at Rs.8,40,000/-. On 24.04.2000 at about 5.30/6.00 a.m. one Sreemati Sarkar, mother-in-law of the plaintiff No.1 came into contact with the live electric wire and she fell down. Seeing her fidgeting, her son namely Ratan Sarkar, husband of the plaintiff No.1 and father of the plaintiffs No. 2 and 3 rushed to save his mother, Sreemati Sarkar. Ratan Sarkar also got electrocuted and both Sreemati Sarkar and Ratan Sarkar died out of the said electrocutio


















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