ASSAM GAS CO LTD Vs. UMA KANTA KALITA
HIGH COURT OF GAUHATI
Assam Gas Co Ltd
Uma Kanta Kalita
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Kalyan Rai Surana, J. -
(1.) Heard Mr. K.H. Choudhury, the learned Senior Counsel, assisted by Mr. Sk. Muktar, the learned counsel for the appellants- defendants. Also heard Mr. K. Agarwala, the learned Senior Counsel, assisted by Ms. B. Choudhury, the learned counsel for the respondent- plaintiff- cross objector.
(2.) This appeal under Section 96 of the Civil Procedure Code (CPC for short) is directed against the judgment and decree dated 09.06.2010, passed by the learned Civil Judge, Dibrugarh in T.S. No. 44/1994. By the said judgment, the suit was decreed for a sum of Rs.10.00 lakh against the appellants and in favour of the respondent for compensation against damages suffered by the respondent owing to burnt injury suffered by him on account of fire. The respondent herein, who was the plaintiff in the suit had filed a cross- objection. Both the matters have been heard together. Pleaded case of the parties:
(3.) As per the plaint, the brief case of the respondent is that at the relevant time he was working as the Deputy Manager in the Materials Department of the appellant No.1 i.e. Assam Gas Co. Ltd. The office of the respondent was housed near an underground compressed natural gas pipeline. On 18.04.1989, a massive fire broke out in the pipeline, which engulfed the area which housed the office of the respondent. As a result of the said fire, while there were fatal casualties, the respondent herein had suffered serious burn injuries. It was projected that permanent disability was caused to him, necessitating prolonged treatment and care. Thus, the suit was filed for claiming compensation. In the plaint, the compensation was quantified as follows:-
(Rupees Thirteen lakh forty one thousand two hundred twenty five only).;
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