UDAYA GAGARAI Vs. EXECUTIVE ENGINEER, ELECTRICAL DIVISION

JUDGEMENT

(1.) THE petitioner being the father of the deceased Sanatan Gagarai, who died due to electrocution on 25.4.1997 at about 12.30 P.M. near Nischinta under Baruan Out -post under the jurisdiction of Jajpur Police, has filed this writ petition seeking for a direction to the opposite parties for award of compensation of Rs.5 lakhs.

(2.) THE petitioners case, in short, is that the deceased while discharging his duties as labourer came in contact with one live electric wire, which was in hanging condition and met with a fatal accident, pursuant to which he died. An U.D.G.R.Case No. 55 of 1997 arising out U.D.P.S.Case No. 2 of 1997 was registered on 25.4.1997 at about 121.30 P.M. under Annexue -2. The deceased left behind his old parents, who were fully depending on his earnings. Case of the petitioner is that the death has been caused due to the negligence on the part of the opposite parties. Therefore, the petitioner has filed this writ application claiming compensation.

(3.) MR .T.C.Mohanty, learned Sr. Counsel appearing for the petitioner states that if the factum of death due to electrocution is true, whether Sanatan Gagarai or Sanatan Bagudia has died, is immaterial, and therefore, the authorities relying upon the title of the person concerned, should not reject the claim of the petitioner for grant of compensation, who is the person entitled to under law. He has also relied upon the judgments dated 29.6.2012 passed by this Court in Writ Appeal No. 420 of 2011 (Sambari Nayak v. CGM, Telecom and others), dated 16.3.2011 passed in Writ Appeal No. 353 of 2010 (Executive Engineer, CESU v. Hema Sethi), Nirmala Nayak v. CMD Grid Corporation, reported in 2005(II) OLR 389 and Uttam Sahu v. Chairman, OSEB, 1996(II) OLR 99 and stated that in view of the law laid down by the apex Court, this Court is not precluded to grant compensation, rather considering the situation this Court can grant compensation in view of the judgments reported in Jacob Mathew v. State of Punjab, AIR 2005 SC 3180 as negligence has been caused by the authorities as a result which the deceased died. He has also placed reliance on the judgment of Gujurat High Court in Shriram Education Trust v. Mita Ben Ani Bhai Patel, 2011 (3) TAC 153 wherein it is held that be it natural calamity or act of God, construction of building was not in accordance with the sanctioned plan -proper building materials were not used, will not debar the person concerned from getting compensation.