JUDHISTIRA ROUT Vs. CHAIRMAN, CESU, BHUBANESWAR

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India, the petitioner has 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 his son, Debadatta Routray in electrocution.

(2.) Shorn of unnecessary details, the short facts of the case of the petitioner are that his son Debadatta Routray was a student of 2nd year of General Nursing Midwifery Courses in Jagannath Mission School and College of Nursing, Bhubaneswar. He was staying in the college hostel along with other students. On 23.9.2012 he had been to his friend's room in front of the college, which was a double storied building. There was a fabrication unit in the ground floor. The up -stair was let out. When the deceased had been to up -stair to hang his wet cloth, he came in contact with 11 K.V. electric line close to the upstair at a low level, as a result of which, he fell down on the spot. Thereafter he was shifted to Capital Hospital for treatment, where he was declared dead. On getting information about the occurrence, uncle of the deceased went to the Capital Hospital, Bhubaneswar and found the dead body of the deceased lying on the verenda of the hospital. The matter was reported to I.I.C., Mancheswar Police Station, whereafter U.D.Case No.33 of 2012 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 due to cardiac failure due to cardiac defibrillation following electrocution. After receiving information about the death of son, the family was shocked and received a serious set back.

(3.) Pursuant to issuance of notice, a counter affidavit has been filed by the opposite parties. It is stated that the existing 11 KV line, namely V.S.S. Nagar feeder line, where the allegation of electrocution had been made, is a very old constructed line of the year 1982 and well maintained. The 11 KV poles are situated 9 ft. away from the building. The occupant of the building had unauthorizedly extended the balcony by 2.5 ft. towards the road due to which the gap between the pole and building is 7ft. The said 11 KV line is having adequate vertical and horizontal clearance. The building in question was allotted by IDCO for industrial purpose and the area is not a residential area. It is further stated that the petitioner had not made the owner of the building as a party to the case, for which the writ application is not maintainable. On the alleged date, the 11 KV feeder line was not tripped. The accident occurred during removal of certain decorative lights from the building on the occasion of Ganesh Puja. It is further stated that the opposite parties had no knowledge with regards to the academic qualification of the deceased. There was no negligence on the part of the opposite parties.