MANGAL SINGH Vs. CHAIRMAN-CUM-M.D., NESCO

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India, the petitioners have prayed, inter alia, for a direction to the opposite parties to pay an amount of Rs.3,00,000/ - towards compensation for the death of Pramila Singh, wife of petitioner no.1 and mother of petitioners 2 to 4, in electrocution.

(2.) Shorn of unnecessary details, the short facts of the case of the petitioners are that on 30.4.2003 at about 7.30 evening, while Pramila Singh was going to her neigbour's house crossing the village road, she came in contact with snapped electric wire, as a result of which, she died on the spot due to electrocution. The occurrence was reported in the Jaleswar Police Station, whereafter U.D.G.R.No.10 of 2003 was registered. Inquest was conducted on the body of the deceased. The dead body on completion of inquest was sent for autopsy. After receiving information about the death of Pramila Singh, the petitioners were shocked and the family received a serious set back.

(3.) Pursuant to issuance of notice, a counter affidavit has been filed by the opposite parties. The case of the opposite parties is that the writ petition is not maintainable on the ground that there was no latches or negligence on the part of the opposite parties for the alleged accident. It is stated that the deceased was not assisting the family as a daily labour. The police papers are not the conclusive piece of evidence for proof of negligence. After receipt of information, the Sub -Divisional Officer and the Jr. Engineer had been directed to enquire into the matter and report. During inquiry, it was found that snapping of the conductor was caused due to unauthorized obstruction of power by direct hooking from the electric wire by the persons residing near the electric pole. The petitioners and others were living just below the electric wire by constructing temporary shed and they were not the consumers. They had taken adequate steps for proper maintenance of the electric lines. At no point of time, they had received any compliant from any person about the defect in the electric wire. It is further stated that the petitioners have not furnished any documents in support of their relationship and status with the deceased and the age and the wages of the deceased. No document has been produced in order to justify the right of the petitioners for the claim.