S Vs. TIMUDU ORAM

JUDGEMENT

(1.) Leave granted in Special Leave Petition (C) Nos. 5591 of 1999 and 9788 of 1998.

(2.) In this batch of three appeals the question which arises for determination is as to whether the High Court was justified in exercising its power under Article 226 of the Constitution of India and award compensation to the respondent writ petitioners even though the appellants - who was the respondent in the writ petition - had denied the liability on the ground that the deaths had not occurred as a result of their negligence but because of the negligence of the respondent themselves or of an act of God or because of an act of some other persons. These appeals were ordered to be listed along with the case - Chairman, Grid Corporation of Orissa Ltd. (GRIDCO) and others vs. Suka-mani Das (Smt.) and antoher (1997) 7 SCC 298, but were delinked as the service had not been completed on the respondents. The Bench disposed of the batch of 10 appeals and these appeals were ordered to be heard after service is complete.

(3.) The facts of Civil Appeal No. 1726 of 1999 arising against the order passed by the High Court of Orissa in Writ Petition bearing OJC No. 13281 of 1997 are :- One Themba Bhim, a co-villager of the deceased had taken power supply to his L.I. point. Some other villagers of the village Khuntagaon viz. Ralbindra Oram, Fatha Oram, Gobardhan Kisan and Etwa Oram had illegally taken power supply without the knowledge of GRIDCO Authorities by use of hook from the L.I. point to their houses by means of an uninsulated G.I. wire. On 22-8-97 the unauthorised G.I. wire through which the line was illegally taken got disconnected and fell on the ground. At that time the father of the respondent Japana Oram was coming with his bullock, the bullock came in contact with the live G.I. wire and as a result thereof got electrocuted. On finding this Japana Oram tried to rescue the bullock and got electrocuted. His wife came to his rescue and hearing her cries her daughter Sabi Oram while trying to detach her parents also was electrocuted. The incident was reported to the local police by the villagers of the Khuntagaon on 23-8-97 wherein the fact of illegal hooking and death due to electrocution was admitted. The local police enquired into the matter and reported the cause and manner of death as stated above. On 23-8-97 the Junior Engineer of GRIDCO sent a telegram to the Chief Electrical Inspector, Government of Orissa, for necessary action at his end. The S.D.O. Electrical Sub-Division Ujalapur on 24-8-97 also submitted report in which the cause of death was mentioned to be due to illegal electric connection taken through hook. On 16-9-97 respondent herein filed a writ petition in the High Court of Orissa at Cuttack being OJC No. 13281 of 1997 claiming compensation for the death of the deceased. Counter-affidavit was filed by the appellants herein. In the counter-affidavit it was contended that death occurred were due to the negligence of the deceased themselves and the electric live wire were belonging to and maintained by the GRIDCO had not snapped and, therefore, the appellants were not liable to pay any compensation. By the impugned judgment the High Court disposed of the writ petition with a direction to the appellants to pay a sum of Rs. 2,70,000/- by way of compensation to the respondent herein.