BHAKTI ACHARJEE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) BY means of this writ petition, the petitioners who lost their only earning member in their family have approached this Court for adequate compensation to the extent of Rs. 4,05,820/ - (Rupees four lacs Eight Hundred Twenty) along with interest for his death by way of electrocution from a electrical transformer, set up in the paddy field admittedly by the respondents. According to the petitioners, for sheer negligence of the respondents No. 2, 3, 4 and their officers, the said transformer conducted electricity in the unassuming part of the transformer. When the deceased namely, Shyamal Acharjee, husband of the petitioner No. 1, father of the petitioner No. 2, son of the petitioner No. 3 went to bring a harrow from his own land he got electrocuted from the said transformer installed in the northeast corner of his land. He died on the spot on 29.04.2007 in the early mooring at about 5.30/6.00 am.

(2.) THE petitioners have appended with the writ petition the death certificate dated 21.05.2007 and the post -mortem examination report wherefrom it appears that the deceased died for cardiac respiratory failure following electrocution, accidental in nature. The petitioners have also filed the police report, filed in the U.D. case No. 04/2007 under Section 174 of the Cr.P.C.

(3.) BY also raised serious objection regarding maintainability of the writ petition inasmuch as an appropriate remedy is available under the provisions of Fatal Accident Act. In existence of such efficacious remedy this Court may not adjudicate the highly disputed facts as referred in the writ petition.