HEMA SETHY Vs. EXECUTIVE ENGINEER ELECTRICAL

JUDGEMENT

(1.) THE Petitioner has filed this writ petition praying therein to award compensation together with interest for the death of her husband late Niranjan Sethy, who died on 13.9.1007 at about 11.00 A.M. in electrocution near village Sanackosti under Tangi P.S. while he was going to take his bath in the river due to falling of a dead Chakunda branch on live electric wire which ultimately fell on the deceased. After the death of Niranjan Sethy, a U.D. case has been registered by Tangi P.S. being U.D. Case No. 07/97 U.D.G.R. No. 786/97 vide Annexure -1. The F.I.R. lodged with the Tangi P.S. clearly corroborates the above fact of electrocution and on inquiry the Investigating Officer came to the conclusion that the husband of the Petitioner died in electrocution due to negligence on the part of the electricity officials. Therefore, there is no doubt that the husband of the Petitioner died in electrocution. The post mortem examination No. 830/97, dated 14.9.97 also indicates to that extent.

(2.) MOREOVER , the opp.parties in their counter affidavit I n Para 4 have stated. "In fact unfortunately due to falling of a piece of wooden branch on the live electric line, one of the conductors detached from the electric pole and fell on deceased Niranjan Sethy, who was passing under the line at that time and the deceased died on the spot", which proves the case of the Petitioner.

(3.) A division Bench of this Court in a case of Nirmala Nayak and Ors. v. Chairman -cum -Managing Director, Grid Corporation of Orissa Ltd. and Anr., 2005 2 OrissaLR 389 has followed the decision of the Apex Court and held that: