The main legal point established in the judgment is the requirement for formal proof of documents and the standard of proof in fatal accident cases, along with the importance of oral evidence and the principles of res ipsa loquitur in determining the cause of death due to electrocution.

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 Office and the staff of the Electric Office came to the spot and investigated over the incident.

3. It is the case of the plaintiffs that the death of Tapas Deb was caused due to gross negligence of the Electric Department, the appellants herein, and accordingly, they claimed Rs.8,30,000/- as compensation along with interest.

4. In view of the said accident, an U.D. Case vide Kalyanpur P.S. Case No.16/2012, under Section 174 of Cr.P.C. was registered and the police after investigation submitted Final Report stating that the police examined the wife and brother of the deceased and available witnesses wherefrom it has been found that the deceased Tapas Deb was spreading water to his newly constructed building operating an electric water motor and at that time he received electric shock. So, according to the appellants’ case, the deceased was electrocuted by internal electric line as installed with the electric water motor and hence, the appellant-defendants-corporation are not liable for the alleged death and for payment of any compensation.

5. On the pleadings of the parties, learned trial Court framed the following issues:-

I. Is the suit maintainable in its present form and nature?

II. Whether there is any cause of action for this suit?

III. Whether deceased Tapas Deb died on 20-10-2012 at about 9.30 a.m. due to electrocution? If so, whether the death of Tapas Deb was caused due to negligence on the part of the defendants?

IV. Whether the plaintiffs are entitled to damages as prayed for? If so, whether the plaintiffs are entitled to get interest thereon?

V. Whether the plaintiffs are entitled to decree as prayed for?

VI. To what relief/reliefs the parties to this suit are entitled?

6. The plaintiff-respondents adduced two witnesses including the wife of the deceased and exhibited some documents including the police Final Report.

On the other hand, defendant-appellants also adduced one witness and submitted the documents including the accident report by the Manager, Kalyanpur Electrical Sub-Division.

7. After hearing the parties in the suit and considering the evidence on record, the learned trial Court decreed the suit in favour of the plaintiff-respondents. Hence, this appeal.

8. Mrs. Deb(Gupta), learned counsel appearing on behalf the appellants-Electricity Corporation, has drawn my attention to the “accidental report” prepared by one Er. Paritosh Roy, Manager, Electrical Sub-Division, Kalyanpur on 21.10.2012 which has been marked as Exbt. A. The said accidental report is reproduced hereunder:

“TRIPURA STATE ELECTRICITY CORPORATION LIMITED

OFFICE OF THE SENIOR MANAGER

ELECTRICAL SUB-DIVISION

KALYANPUR

Accidental Report

On dated 20/10/2012 at about 8.45 AM an information has been received from the local people about the electrocution of one person namely Tapas Deb of Dw