KHETRAMANI JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioners in the aforesaid Writ Petitions have prayed for issuance of a direction in the nature of writ of mandamus directing the Opp. Parties to pay a sum of Rs. 3,00,000 to the Petitioners in each -of the cases as compensation for the lose of the life of the only bread -winner of the respective families of the Petitioners, who died due to electrocution on account of alleged negligence on the part of the Opp Parties. Statements as made in both the Writ Petitions show that almost at the same time on 21.9.2004, the husbands of the Petitioner No. 1 in each of the Writ Petitions were electrocuted by a live wire while they were proceeding to attend the funeral ceremony of one of their relations, namely, Sankarsan Jena. It has been stated in the Writ Petitions that on the fateful day, while both the deceased persons were proceeding to attend the funeral ceremony found a small branch of a tree had fallen on the telephone were to an extent that the same was touching the ground on the road. They, while attempting to remove the said telephone wire from the road, got electrocuted as the said wire was charged with electricity. It was found that the nearby electric pole has been uprooted resulting in live wire coming in contact with the telephone wire & due to the breaking of the branch of a tree, the said telephone wire snapped & was falling on the ground with which the deceased persons came in contact. Even the persons who attempted to rescue the deceased persons sustained injury due to electrocution. An U.D. Case was registered by the police & autopsy was conducted on the dead bodies of the said deceased persons. It is further alleged by the Petitioners that death of the said deceased persons was caused solely due to the negligence & carelessness on the part of the electricity supply authorities.

(2.) COUNTER affidavits have been filed by the Gpp. Parties 2, 3 and 4 in each of the Writ Petitions.

(3.) MR . Lenka, Learned Counsel for the Petitioners in both the Writ Petitions relied upon the decisions in the cases of Pravati Devi and Ors. v. Commissioner of Police, Delhi and Ors. : (2000)3 SCC 754 and H.S.E.B. and Ors. v. Ram Nath and Ors. :, 2004)5 SCC 793.