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2018 Supreme(Tri) 31

T.VAIPHEI
Tripura State Electricity Corporation Ltd. – Appellant
Versus
Hazari Kalai, S/o. Lt. Purna Ch. Kalai – Respondent


Advocates Appeared:
For the Petitioners:Ms. R. Purkayastha, Advocate.
For the Respondents:Mr. S. Deb, Sr. Advocate., Mr. S.B. Debnath, Advocate.

JUDGMENT & ORDER :

1. In both the appeals, the appellant-defendants are questioning the legality of the common judgment bearing dated 16-5-2014 passed by the learned District Judge, West Tripura, Agartala in Money Appeal No. 12 of 2013 and Money Appeal No. 13 of 2013 upholding the trial court’s judgments in Money Suits No. 21 and 22 of 2011 awarding compensations of varying amounts. In these tragic cases, both the brothers died of electrocution, which is not in dispute, and their legal representative, their father, instituted both the suits claiming compensations, which were decreed by the trial court.

2. The facts giving rise to the institution of two suits are virtually one and the same. The respondent is the father of both the deceased, namely, Shyamal Kalai and Sachis Kalai. On 4-6-2010 at about 1.30 PM, when the said Shyamal Kalai was proceeding on foot for work towards Bramhyachara, he came into contact with live electric wire, which was lying on the katcha road near his house. On seeing this, his brother, the said Sachis Kalai rushed to rescue him and in his attempt to rescue him, he also came into contact with electric shock. Both of them were shifted to Teliamura Gramin Hosp















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