UMAMANI NAYAK Vs. CEO,TPNODL,BALASORE

JUDGEMENT

(1.) The Petitioners who are the wife and three sons of the deceased Sanatan Nayak, have filed the present writ petition with a prayer before this Court to order the Opposite Parties- Electricity Distribution Company, to pay the Petitioners compensation of Rs.2,00,000.00 with 12 % interest per annum. It is the plea of the Petitioners that, due to the negligence of the Opposite Parties in properly maintaining the electric wires, deceased Sanatan Nayak, came in contact with a snapped live wire lying on the road, which led to his death due to electrocution. As the deceased was the sole earning member of the family, his death has not only caused emotional pain and agony to the Petitioners but also grave financial hardship. Therefore, the Petitioners have prayed this Court to grant them monetary compensation as a means of respite to their financial hardship as no quantum of monetary relief can ever compensate the untimely loss of life of a family member.

(2.) The brief factual background adverted in the writ petition is that, on 6/7/2007 at around 05:30 PM, when the deceased Sanatan Nayak was going to the market; he unknowingly came in contact with puddle of water which was charged with electricity because a live L.T. line wire had snapped and had fallen into the puddle of water on the road. As a result, the deceased got electrocuted and sustained serious injuries. He was rescued by the villagers and was admitted in the District Headquater Hospital, Balasore. However, he succumbed to his injuries on the same evening.

(3.) Later on, post mortem and inquest was conducted on 7/7/2007. Subsequently, Khantapada UDPS Case No. 24/2007 was registered to this effect by lodging FIR under Annexure- 1 to the writ petition. After completion of investigation, the A.S.I. Khantapada submitted the "Final Report of Unnatural or Sudden Death Sent to Magistrate under Sec. - 174 of Cr.P.C." under Annexure- 4 to the writ petition, with the finding that the death of the deceased Sanatan Nayak was caused due to electrocution as a result of snapping of live electric L.T. lines.