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2018 Supreme(Tri) 140

ARINDAM LODH
Tripura State Electricity Corporation Ltd. – Appellant
Versus
Dipika Dasgupta(Deb) W/o Lt. Tapash Deb. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mrs. S. Deb (Gupta), Adv.
For the Respondent: Mr. Raju Datta, Adv.

JUDGMENT & ORDER :

1. This appeal is directed against the judgment and decree dated 01.02.2016 and 15.02.2016 respectively passed by the learned Civil Judge (Sr. Division), Court No.2, West Tripura, Agartala in Money Suit No. 16/2014 decreeing the suit in favour of the defendant-appellants.

2. The facts giving rise to this appeal, as projected by the claimant-respondents, may be referred to briefly at the outset. The respondents being the plaintiffs had instituted a suit under Section 1(A) of the Fatal Accidents Act,1855 for granting damages and compensation on account of the death of Tapas Deb, who died by electrocution on 20.10.2012, at about 9-30 a.m. at Dwarikapur under Kalyanpur Police Station. Said Tapas Deb, now deceased, was going to the newly constructed house from his old house and at the time when he suddenly came in contact with the live electric wire lying on the pathway which was detached from the electric pole, he died by electrocution. The people of the nearby locality had rushed to the spot and he was taken to the Kalyanpur Primary Health Centre where the attending doctors declared him dead. Postmortem was done accordingly. The matter was reported to the Electric Off












































































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