GANGADHAR MOHANTY Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) The petitioner has filed the present writ application with a prayer to direct the Opp.Parties to give compensation on account of death of his daughter-Jangyaseni Mohanty who died on 18.9.2005 due to electrocution.

(2.) The brief facts of the case are that the deceased-Jangyaseni along with her friend Sagarika Swain went to collect flower on 18.9.2005 for the purpose of celebrating "Khudurukuni Ossa". While they were plucking flowers in front of the house of one Pratap Kumar Tripathy, they came in contact with live electric wire which was lying on the road and as a result of which they were electrocuted and died at the spot. An F.I.R. was lodged at Jagatsinghpur police station about the death of the deceased, which was registered as U.D. Case No.48 of 2005. It is further averred that the police made an inquest over the dead body and sent the same for post mortem.

(3.) The petitioner, in this writ application, has claimed a compensation of Rs.2,00,000/- on account of untimely death of his only daughter who was continuing her study in Class-IX in Kunjabihari High School. The allegation of the petitioner against the CESCO is that necessary steps have not been taken by them to ensure that when live electric wire falls on the public road, power supply thereto should have been immediately stopped and such failure and negligence on the part of the Opp.Parties have been proved inasmuch as they failed to take sufficient safeguard which resulted in the tragic death of the petitioner's daughter. Basing on such assertions, the petitioner has prayed for a compensation of Rs.2,00,000/- with interest at the rate of 18% per annum from the date of the accident till the date of payment.