State Of Manipur; & Ors vs Smt. Konsam (N) Kh. (O) Rebina ...
2022 Latest Caselaw 244 Mani

KABORA Digitally signed                                                                  Item No. 12
MBAM by KABORAMBAM                  IN THE HIGH COURT OF MANIPUR
SANDEE SANDEEP    SINGH


P SINGH
        Date: 2022.06.03
        14:56:26 +05'30'                      AT IMPHAL

                                           MC (RFA) No. 9 of 2022
                                            [Ref: RFA No. 2 of 2022]
                           State of Manipur; & Ors.
                                                                                      Appellants
                                                 Vs.
                           Smt. Konsam (N) Kh. (O) Rebina Devi; & Anr.
                                                                                    Respondents

BEFORE HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR 03.06.2022 Sanjay Kumar (C.J.):

[1] By way of this miscellaneous case, the appellants in the first appeal

seek stay of the operation of the judgment and decree dated 01.02.2020 passed

by the learned Civil Judge (Senior Division), Imphal West, in Original Suit No. 108

of 2016, presently under challenge, pending disposal of the first appeal.

[2] Heard Mr. S. Nepolean, learned Government Advocate, appearing for

the applicants/appellants; and Mr. S. Jhalajit, learned counsel for the respondents.

[3] The suit, Original Suit No. 108 of 2016, was filed by the respondents

herein for compensation in relation to the death of Kh. Sashikanta Singh, the

husband of respondent No. 1 and the father of respondent No. 2 herein

respectively. His death was caused by electrocution and they sued the State for

compensation to the tune of ₹. 30,54,000/-. By the judgment and decree under

appeal, the Trial Court accepted their claim in part and directed the authorities of

the Manipur State Power Company Limited (MSPCL) and the Manipur State Power

Distribution Company Limited (MSPDCL) to pay ₹. 13,82,848/- as compensation

within three months from the date of the decree, failing which the said amount was

to carry interest @ 6% per annum from the date of filing of the suit till actual

payment.

          MC (RFA) No. 9 of 2022                                                            Page 1
 [4]           In effect, the decree under appeal is in the nature of a money decree.

In the usual course, in an appeal filed against a money decree, stay of the operation

of the judgment and decree under appeal would be granted subject to the condition

that 50% of the decretal amount be deposited and withdrawn. This is because the

plaintiff(s) in the suit have succeeded in the first instance and are entitled to enjoy

the benefits of the decree at least in part, pending hearing of the statutory appeal

filed against the same. It is only in exceptional circumstances that there would be

deviation from this usual course that is adopted in appeals against money decrees.

[5] Presently, in the light of the clear finding of the Trial Court that the

electric transformer had been installed without any fencing/barricade as well as

without any danger mark in the Bazar area of the Polo Ground, Imphal, in a manner

so as to endanger lives of the people moving around that place, no grounds are

made out to deviate from the usual course in the case on hand.

[6] There shall accordingly be stay of the operation of the judgment and

decree dated 01.02.2020 passed by the learned Civil Judge (Senior Division),

Imphal West, in Original Suit No. 108 of 2016, subject to the applicants/appellants

depositing 50% of the decretal amount, i.e., 50% of ₹. 13,82,848/- along with

interest thereon @ 6% per annum from the date of filing of the suit till today, to

the credit of Original Suit No. 108 of 2016 on the file of the learned Civil Judge

(Senior Division), Imphal West, within 8 weeks from the date of receipt of a copy

of this order. Upon such deposit, the respondents herein are permitted to withdraw

the same, unconditionally and without furnishing security, in accordance with due

procedure.

The miscellaneous case is ordered accordingly.

                     JUDGE                        CHIEF JUSTICE
Sandeep




MC (RFA) No. 9 of 2022                                                          Page 2