SHRI NILANJAN DATTA Vs. THE CHAIRMAN-CUM-MANAGING DIRECTOR
LAWS(TRIP)-2019-2-2
HIGH COURT TRIPURA
Decided on February 18,2019

Shri Nilanjan Datta Appellant
VERSUS
The Chairman-Cum-Managing Director Respondents

JUDGEMENT

- (1.)The appellant has prayed for the following reliefs:
"(i) Admit the instant Appeal filed under Section 96 of the C.P.C., against the Judgment and Decree, dated, 07.9.12, passed by the Ld. Civil Judge (Sr. Division), Court No.1, West Tripura, Agartala, in Money Suit 18 of 2007;

(ii) Issue notice upon the Respondents;

(iii) Call for the Records;

(iv) Hear the both sides;

(v) Allow the Appeal by enhancing the amount of compensation from Rs.5,00,000/- (Rupees five lakhs) only to Rs.30,00,000/- (Rupees thirty lakhs) only along with interest thereon @ 9% from 18.7.2003 till the date of payment;

(vi) Pass any other further Order/Orders as may be considered fit and proper."

(2.)The trial Court, on the basis of respective pleadings of the parties, framed the following issues:
"(i) Whether the suit is maintainable;

(ii) Whether the victim Shri Nilanjan Datta, S/O. Shri Tapash Datta has suffered electrocution on 18.07.2003 because of actionable wrong on the part of the defendants which caused amputation of both the hands of said Shri Nilanjan Datta;

(iii) Whether the plaintiff is entitled to get a decree for compensation; if so, the amount of compensation;

(iv) Whether the defendants are jointly and severally responsible to pay the said amount of compensation, if any."

(3.)Insofar as issue No.(i), (ii) and (iv) are concerned, before us there is no challenge, for only the plaintiff-claimant has preferred the present appeal, aggrieved of the inadequate amount of compensation so awarded by the trial Court.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.