TRIPURA STATE ELECTRICITY CORP. Vs. ANANTA PADA JAMATIA

JUDGEMENT

(1.) This appeal is directed under Sec. 100 of CPC against the judgment dtd. 19/2/2021 and decree dtd. 4/3/2021 passed by Learned Addl. District Judge, West Tripura, Agartala in Money Appeal No.01 of 2019 modifying the judgment dtd. 30/11/2018 and decree dtd. 15/12/2018 passed in Money Suit No.31 of 2014 by Learned Civil Judge, Senior Division, West Tripura, Agartala.

(2.) The brief fact relates to this appeal are as follows: The respondent-plaintiffs filed one suit for compensation under the Fatal Accidents Act 1855 before the Learned Trial Court below against the Tripura State Electricity Corporation Limited and Ors. alleging inter-alia that the respondent-plaintiffs are the parents of the deceased Dharma Bhakta Jamatia, who had died on 13/5/2013 due to electrocution. It was the case of the respondent-plaintiffs that due to severe cyclone in the first week of May, 2013 several electric lines were damaged and disconnected due to falling of trees at Dalak area situated within the territorial limits of Amarpur Sub-division and after 5/6 days of cyclone and tornado, the deceased and one Rabindra Hari Jamatia were engaged by pro-respondents for cutting/removing the trees and the tree branches from the electricity lines on payment of wages on the reason that the pro-respondent No.5, Hadaram Reang, one of the staffs under the respondent-plaintiff Nos.1 and 2 of the Original Suit were unable to climb the trees due to backache.

(3.) On 13/5/2011, around 04.15 p.m the pro- respondent Nos.3 to 5 accompanied with the deceased and one Rabindra Hari Jamatia went to Jamatia Para near Thalchara Bazar on call to repair as well as to restore electricity connection at Jamatia Para. On reaching there, as per direction and under compelling circumstances on the pressure being created by the pro-respondent Nos.3 to 5, the deceased and said Rabindra Hari Jamatia had climbed the electric pole for repairing. Although they have/had no previous experience in this matter i.e. to climb the electric pole, so, they denied climbing of the electric pole. Before proceeding to that area for the said purpose, electricity line of that area was shut down by the pro-respondent Nos.3 and