STATE OF ODISHA AND ANOTHER Vs. SABITRI PADHY

JUDGEMENT

(1.) This appeal is assailed against the order dated 26.12.2016 passed by the learned District Judge, Khurda at Bhubaneswar in R.F.A. No.61 of 2016 wherein the Appellate Court had dismissed the appeal on the ground that it is barred by limitation.

(2.) The factual matrix leading to the case is that the beleaguered mother of the deceased, who is a student in Engineering, is the plaintiff before the learned trial Court. The deceased Beenit Sankar Padhy along with his friends while prosecuting their study in the second year of Engineering in the University College of Engineering, Burla, Sambalpur had gone on 30.01.1998 at about 1.00 AM to the river bed of Mahanadi in a photo session which is a part and parcel of spring festival being organized by the College in every year. While they were taking bath in the river, suddenly there was heavy flush of water due to opening of the sluice gates of the Hirakud Dam. Although there was request on behalf of the students to close the sluice gates but it was vain and finally the son of the plaintiff and his friends died due to drowning in the river.

(3.) Since there was no prior warning by the Dam Authority either through media or otherwise about opening of the Sluice gates, there was serious negligence on the part of the State. The plaintiff filed the suit claiming compensation of Rs.25,00,000/- from the State Government for the death of his deceased son.