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2025 DAILYLAW 1526 (TRI)

Sri Manoranjan Tripura v. Tripura State Electricity Corporation Limited and 2 Ors.

WP(C)/835/2024 · 2025-02-27

Arindam Lodh

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF TRIPURA AGARTALA WP(C) No.835 of 2024 Sri Manoranjan Tripura, S/o Sri Kechu Ram Tripura resident of village Haripur, PO: Hrishyamukh, PS-Belonia, District-South Tripura. ….Petitioner(s) Versus 1. Tripura State Electricity Corporation Limited, represented by the Managing Director, Corporate Office, Bidyot Bhawan, North Banamalipur, P.O. Agartala, P.S. East Agartala, PIN:799001. 2. The State of Tripura, (to be represented by the Secretary of the Government of Tripura), Power Department, Civil Secretariat, P.O. & P.S. NCC, Agartala, West Tripura, PIN:799010. 3. The Managing Director, Tripura State Electricity Corporation Ltd. Corporate Office, Bidyut Bhawan, North Banamalipur, P.O-Agartala, District-West Tripura, PIN-799001. ….Respondent(s) For the Petitioner(s) : Mr. Kundan Pandey, Advocate For the Respondent(s) : Mr. K. De, Addl. GA Mr. B.N. Majumder, Sr. Advocate Mr. D.J. Saha, Advocate HON’BLE MR. JUSTICE ARINDAM LODH Order 27/02/2025 Heard Mr. Kundan Pandey, learned counsel appearing for the petitioner. Also heard Mr. B.N. Majumder, learned senior counsel assisted by Mr. D.J. Saha, learned counsel appearing for the respondents-TSECL and Mr. K. De, learned Addl. GA appearing for the respondents-State. Short facts leading to the present writ petition, are that the petitioner while discharging his duties as Senior Manager, Electrical Sub-Division, Ompi contested a suit under Fatal Accident Claims case being M.S. No.22 of 2018. Learned trial Judge after considering all aspects and evidences on record by its judgment and decree dated 07.12.2022 awarded compensation in favour of the legal heirs of the deceased. The respondents-TSECL preferred First Appeal before this Court. A co- ordinate Bench of this Court while disposing of the appeal being MFA(FA) No. 2 of 2023 vide judgment and order dated 11.07.2024, reduced the amount of compensation and fastened the liability upon the Chairman-cum- Managing Director, TSECL, The Deputy General Manager, TSECL and the Senior Manager, Ompi Electrical Sub-Division for the reason that “The officers of the Corporation have not taken any care to monitor the Court proceeding and to ensure any of their responsible officer to attend the Court to adduce the evidence and also to place sufficient evidence in support of their denial as stated in their written statement”. The respondents-TSECL had challenged the said judgment and order dated 11.07.2024 passed in MFA(FA) No.2 of 2023 by way of filing a Special Leave Petition(for short, SLP) before the Hon’ble Supreme Court of India. However, the respondents-TSECL had withdrawn the said SLP on its own. In view of this, the judgment and order dated 11.07.2024 passed in connection with MFA(FA) No.2 of 2023 stands good. Having held so and the reasons stated here-in-above, I find no merit in the instant writ petition. Accordingly, the same stands dismissed. The judgment and order dated 11.07.2024 passed in MFA(FA) No.2 of 2023 shall be circulated by the Chairman-cum-Managing Director, TSECL to all its officers and employees for future guidance. JUDGE Snigdha SAIKAT KAR Digitally signed by SAIKAT KAR Date: 2025.02.28 16:52:29 +05'30'