T. BIMALA Vs. CUTTACK MUNICIPAL CORPORATION

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 23.02.2012 passed by the learned Single Judge in W.P.(C) No.17413 of 2009, whereby and whereunder the writ application filed by the appellant claiming compensation for the death of her son in electrocution has been dismissed.

(2.) The unfortunate mother is the appellant. Her son T. Kailash Rao was working as a daily wage earner under the contractors of the Cuttack2 Municipal Corporation (hereinafter referred to as "the Corporation"). On 15.05.2009 on the instruction of the Junior Engineer of the Corporation, he was cleaning the drain near Sunshine Field, Cuttack. During such cleaning, he suddenly came in contact with the live electric wire and died at the spot due to electrocution. Immediately after the accidental death, the Mayor of the Corporation came to the spot and paid an ex gratia of Rs.10,000/-. Thereafter neither the Municipal authorities, nor the electricity authorities paid any compensation to the appellant. An F.I.R. was also lodged by the Sub-Divisional Officer, whereafter Purighat P.S. Case No.49(5) of 2009 was registered against one Babuli Sahoo under Sections 338/379/304(A), I.P.C. read with Section 135 of the Indian Electricity Act, 2003. When all the persuasion of the appellant to pay compensation ended in a fiasco, she filed the writ application claiming compensation of Rs.11,00,000/-.

(3.) Pursuant to issuance of notice, a counter affidavit has been filed by the respondent no.1-Corporation. Though the accident was admitted, but a stand was taken that the Corporation had no role to play.