SUBHADRA SAHOO ALIAS BEWA Vs. EXECUTIVE ENGINEER, CESU

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.10,00,000/ - towards compensation for the death of Harihar Sahoo, husband of petitioner no.1 and father of petitioner nos. 2 and 3, who are minor daughter and son, in electrocution.

(2.) Shorn of unnecessary details, the short facts of the case of the petitioners are that the Harihar Sahoo was working as a peon in Gopabandhu Science College, Athagarh. On 29.5.2013 at about 1.30 P.M., while he was returning from the college to his house, he came in contact with the electric wire snapped from the pole, as a result of which, he sustained burn injuries and became senseless. Thereafter he was taken to Sub -Divisional Hospital, Athagarh for treatment, where the doctor declared him as dead. The doctor of the hospital sent intimation to the Athagarh Police Station about the occurrence. After getting intimation, U.D.P.S. Case No.21 of 2013 was registered. The dead body on completion of inquest was sent for autopsy. The doctor, who conducted the postmortem, opined that the cause of death was ventricular fibrillation due to electrocution. After receiving information about the death of Harihar Sahoo, the petitioners were shocked and flabbergasted and the family received a serious set back.

(3.) Pursuant to issuance of notice, a counter affidavit has been filed by the opposite parties stating therein that on 30.5.2013 the lineman -C of village -Samasarpur fuescal centre reported to the Junior Manager Electrical Athagarh No.2 Section that on 29.5.2013 at about 2 P.M. one person was electrocuted. The accident occurred while the deceased was connecting the service wire with the water pump and watering his personal garden. He came in contact with the live service wire and got electrocuted and met the accident. After getting information about the incident, the Junior Manager rushed to the spot, made an inquiry, submitted a report to the S.D.O.(Electrical), the Manager (Electrical) and also informed the same to the I.I.C. Athagarh Police Station for investigation into the matter. It is further stated that the petitioners had filed W.P.(C) No.27710 of 2013 before this Court for compensation. The same was disposed of on 19.2.2014 directing the Executive Engineer, Central Electricity Supply Utility, Athagarh to consider the representation of the petitioner for grant of compensation. After receipt of a copy of the order, the petitioner had been intimated by letter dated 3.3.2014 to attend the office of the Executive Engineer on 12th March, 2014. Thereafter Sri Sridhar Sahoo, brother -in -law of petitioner no.1 appeared before the Executive Engineer and submitted that due to ill health of petitioner no.1, she was unable to attend the office and requested to post the matter to 14.3.2014. It is further stated that neither the petitioner nor her brother -in -law appeared before the Executive Officer on the date fixed. Thereafter the Executive Engineer informed the petitioner regarding disposal of the representation for grant of compensation and came to hold that there was no such snapping of supply line conductor anywhere in the village Samasarpur on 29.5.2013. The accident had occurred when the victim was connecting the service connection wire with his water pump. He came in contact with the live electrical wire and got electrocuted. It is stated that death was not caused by coming in contact with the live electric line on the public road. Due to negligence on the part of the deceased, the electrical accident was caused in his premises. It is further stated that there was no such electrical accident occurred in electrical network operated and maintained by the opposite parties.