A KRISHNA PATRA Vs. ORISSA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) In this petition, the petitioner claims compensation of Rupees 1,00,000/- from the Orissa State Electricity Board (hereinafter called 'the O.S.E.B.') and its functionaries for the death of his wife who was electrocuted when she came in contact with a live conductor which had snapped and was lying on the ground.

(2.) According to the petitioner, the mishap was solely due to the negligence of the opposite parties who had failed to maintain the line in proper order, in utter disregard to the statutory safeguards. The opposite parties, i.e. the O.S.E.B. and its functionaries, have filed a counter denying its liability.

(3.) The fact that the petitioner's wife was electrocuted when she came in contact with a live conductor which had snapped and was lying on the ground, is not disputed. However, the allegation of negligence and poor supervision is denied. The stand taken by the opposite parties in reflected in paragraph 7 of their counter which reads thus :