RASANA MALLIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) In the present writ petition, the Petitioners have prayed for quashing of the report dtd. 10/3/2022 under Annexure-9 as well as the final order dtd. 17/6/2022 under Annexure-10 passed by the Collector-cum-D.M., Nayagarh whereby the prayer of the Petitioners for grant of ex-gratia compensation due to death of one, late Shri Krushna Chandra Mallik has been rejected.

(2.) The factual background leading to filing of the present writ application, in short, is that the Petitioner No.1 is the wife and the Petitioner No.2 is the son of one late Krushna Chandra Mallik. The abovenamed Krushna Chandra Mallik was engaged as a labourer in a road construction work in village Sirikibadi under Banigochha P.S. in the district of Nayagarh along with other workers. On 17/7/2013, while the work was going on, all on a sudden, a land slide took place due to heavy rainfall, as a result of which, the abovenamed Krushna Chandra Mallik died instantly at the spot due to such land slide. The matter was immediately reported to the local police. Accordingly, Banigochha PS UD Case No.1 of 2013 was registered which corresponds to UD GR Case No.7 of 2013. After completion of investigation, the I.O. has submitted a final report on 7/12/2014. In the final report, the I.O. has confirmed that the death of the abovenamed Krushna Chandra Mallik had occurred due to the land slide and fall of heavy material on the deceased. It has also been clarified in such report that there is no suspicion of any foul play.

(3.) Learned counsel for the Petitioners, further referring to the Post Mortem Report dtd. 17/7/2013, contended that the doctor has opined that the cause of death of the deceased was due to Asphyxia and due to fall of heavy material on the chest wall of the deceased. In the aforesaid factual background, learned counsel for the Petitioners contended that there exists no doubt whatsoever that the death of the deceased, Krushna Chandra Mallik, had taken place due to the aforesaid land slide due to rainfall while he was working as a labourer in the construction of the road work.