Tripura High Court
Tripura State Electricity Corporation ... vs Sri Swapan Muhuri on 31 October, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
MFA(FA) NO.01 OF 2025
1. Tripura State Electricity Corporation Ltd, Office situated at Bidyut
Bhaban, Bhuturia, Banamalipur.
2. The Senior Manager, Tripura State Electricity Corporation Office at
Amtali Electrical Sub Division, District: West Tripura.
Both represented by its Company Secretary being Nodal Officer (Legal)
and being authorised by way of Board Directors Resolution dated of
27.02.2024.
......Appellants
VERSUS
Sri Swapan Muhuri, Son of Late Birendra Kumar Muhuri, R/O Village-
Suryamani Nagar, Bagmara Collony, P.O. Suryamani Nagar, PS Amtali,
District: West Tripura.
.........Respondent
Present:
For the Appellant(s) : Mr. B.N. Majumder, Sr. Advocate.
Mr. K. Deb, Advocate.
Mr. D.J. Saha, Advocate.
Mr. B. Paul, Advocate.
For the Respondent(s) : Mr. S. Lodh, Advocate.
Mr. S. Paul, Advocate.
Mr. K. Roy, Advocate.
Mr. S. Majumder, Advocate.
BEFORE
HON'BLE JUSTICE DR. T. AMARNATH GOUD
31.10.2025
Order
1. This present appeal has been filed against the
Judgment and Decree dated 04.12.2023 and 11.12.2023 respectively,
passed in connection with M.S. 03 of 2019 by the Learned Civil Judge
(Senior Division), Court No.1, West Tripura.
2. The brief facts of the case are that the respondent
herein filed a Money Suit before the Learned Civil Judge (Senior
Division), Court No.1, Agartala, West Tripura, seeking compensation
under the Fatal Accidents Act, along with interest, as damages and for
mental agony and pain, on account of injuries in the nature of permanent
disablement sustained by the respondent due to amputation of both hands
caused by electrocution from a live wire installed by the appellants,
which was touching the roof of the respondent's house. Being
dissatisfied with the Judgment and Decree dated 04.12.2023 and
11.12.2023 respectively, passed in M.S. 03 of 2019 by the Learned Civil
Judge (Senior Division), Court No.1, West Tripura, Agartala, the
appellants herein preferred this present appeal.
3. Heard the learned counsel appearing for the parties.
4. Mr. K. Deb, learned counsel appearing for the
appellant-department, submits that the claimant was maintaining a
pigeon cage on his terrace near the live wire, and due to his own
negligence, he came into contact with the said live wire. Therefore, the
damage caused cannot be made the responsibility of the respondent-
Electricity Department.
5. Heard on merit. The only submission which the
Electricity Department-appellant is emphasizing is that the claimant was
maintaining a pigeon cage on his terrace near the live wire and, due to his
negligence, came into contact with it, and hence the damage cannot be
attributed to the department. After hearing both sides and perusing the
records, it appears that there is no specific submission or documentary
evidence showing that the Electricity Department maintained the
required safe distance as per the electricity regulations. In the absence of
such evidence, it is reasonably construed that the Electricity Department
cannot be exempted from liability.
6. Accordingly, the impugned Judgment and Decree
passed by the Court below are hereby confirmed, as the same require no
interference. The appeal is, therefore, dismissed.
7. As a sequel, the stay order, if any, stands vacated.
Pending application(s), if any, also stand closed.
DR. T. AMARNATH GOUD, J
suhanjit
SABYASAC Digitally signed by
SABYASACHI GHOSH
HI GHOSH Date: 2025.11.04
15:48:10 +05'30'
