SASHIREKHA NAYAK Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) The Petitioner, claiming to be the widow of deceased Upendra Nayak has filed this Writ Petition under Articles 226 & 227 of the Constitution of India for compensation arising out of death of the said Upendra Nayak.

(2.) The case of the Petitioner is that the deceased Upendra Nayak had been to his agricultural lands in early morning on 18.09.2004. There he came into contact with one live electric wire, as a result of which he suffered severe injuries on his body. He was shifted to Dharmasala C.H.C., but on the way he died. It is further pleaded that immediately thereafter, an F.I.R. was lodged before the Officer-in-charge, Dharmasala Police Station, for which U.D. Case No. 35 of 2004 corresponding to U.D.G.R. Case No. 210 of 2004 was initiated. the Police Officer conducted inquest on the dead body of the deceased. The dead body was also subjected to postmortem examination.

(3.) The Opp. Parties have filed their counter affidavit, inter alia, pleading that such claim of compensation basing on disputed questions of fact cannot be decided in a writ proceeding. The Opp. Party also plead that it is not known to them whether the Petitioner is the only legal heir of the deceased. It is also not definite that the deceased died with coming in contact with the live wire which was lying on road & that he died on electrocution.