ESHAPPA Vs. CHIEF ENGINEER ELECTRICITY GESCOM BELLARY ZONE

JUDGEMENT

(1.) THE petitioner in this petition has sought for a direction, directing the respondents to enhance the amount of compensation from Rs. 1 lakh to Rs. 8 lakhs as mentioned in the representation dated 5th November, 2004 vide Annexure-B.

(2.) THE grievance of the petitioner in the instant writ petition is that, the petitioner is a resident of varatnal Village, Koppal Taluk and District and he is an agricultural coolie. On the fateful day of 30th July, 2003, the wife of the petitioner, namely Smt. Hanumawa went to the land of one smt. Shivamma Bellur for the agricultural coolie work. Unfortunately, due to negligence on the part of the respondent-jurisdictional local employee, an electric wire cut off and the same fell on the guy wire of an electric pole. The deceased Hanumawa without having any knowledge regarding the falling of the said wire on the guy wire of an electric pole, came in contact with the said guy wire and thereby electrocuted and died on the spot. On account of the said demise of the wife of petitioner, who was aged about 30 years, on the spot, leaving behind the petitioner, two sons and one daughter who are aged about 6 years, 4 years and 2 years respectively, the entire family has received shock. It is the case of petitioner that, the entire family was depending upon the coolie work done by the petitioner and his deceased wife, Hanumawa. Due to the said unexpected incident, as referred above, the minor children have become orphans and nobody is thereto look after the children except the petitioner. Petitioner is also not in a position to manage the day-to-day work and life of the children as he has to attend the coolie work to feed himself and the minor children. Further, it is the case of petitioner that, as per the post-mortem conducted by the Competent Authority, the medical expert has opined that, the death of the deceased late hanumawa was due to electric shock and negligence on the part of the respondents-authorities. This fact has been immediately brought to the notice of the Chief Electrical Engineer, Bellary zone, Bellary and the concerned officials who are in charge of the same. The jurisdictional authority, after verification of the records, has granted a meagre compensation of Rs. 1 lakh for the death of Smt. Hanumawa. Since the petitioner was a coolie, it was very difficult for him to feed himself and three minor children all alone with the meagre compensation received from the competent Authority. Therefore, being aggrieved by the said meagre amount awarded by the competent Authority, on the ground that, the same is inadequate, petitioner was constrained to give a detailed representation vide Annexure-B and the same was received by the respondents on 5th November, 2004. Instead of considering the same and taking into consideration the totality of the case on hand and the case made out by the petitioner, the second respondent hearing has issued the communication dated 27th November, 2004 stating that, there is no provision to grant of compensation at more than one lakh. Having regard to this background, petitioner has presented the instant writ petition.

(3.) I have heard learned Counsel appearing for petitioner and learned Standing Counsel appearing for respondents 1 and 2.