SMT.MINATI BEHERA AND OTHERS Vs. CHAIRMAN-CUM-MANAGING DIRECTOR,GRID CORPORATION OF ORISSA LIMITED AND OTHERS

JUDGEMENT

(1.) Petitioner nos.1 and 2 are the unfortunate parents and petitioner nos.3 to 6 are the brothers and sisters of one Saraswati Behera, who died in electrocution. By this writ petition under Article 226 of the Constitution of India, they have prayed, inter alia, for a direction to the opposite parties to pay an amount of Rs.5,00,000/ - towards compensation for the death of Saraswati Behera.

(2.) Shorn of unnecessary details, the short facts of the case of the petitioners are that on 28.5.1999 while Saraswati Behera was going to her bari to tie the goat, she along with the goat came in contact with a live electric wire, as a result of which, the goat died at the spot. She was shifted to the District Headquarter Hospital at Bhadrak, where she was declared dead. Thereafter, father of the deceased lodged an F.I.R. before the Town Police Station at Bhadrak about the occurrence. The same was registered as U.D. Case No.52 of 1999. The dead body on completion of inquest was sent for autopsy. The doctor, who was in -charge of the postmortem, opined that the cause of death was due to electrocution. The deceased was 11 years old and was reading in Class -VI. With this factual scenario, the writ petition has been filed for compensation.

(3.) Pursuant to issuance of notice, a counter affidavit has been filed by opposite party no.1 stating therein that the writ petition is not maintainable in view of Transfer Scheme Rules, 1998. Since the alleged accident occurred on 28.5.1999 within the Distribution Net -work of NESCO and in view of Transfer Scheme Rules, 1998, NESCO is liable to settle all the claims.