LAWS(GAU)-2003-5-12

CHANDULAL AGARWALLA Vs. UNION OF INDIA

Decided On May 19, 2003
CHANDULAL AGARWALLA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This application by Chandulal Agarqwalla has been filed seeking compensation of Rs. 10.00 Lakhs for the death of his son Joyprakash Agarwalla in an accident that took place on 25.7.1998 at village Brahmajan under Gohpur P.S. On the above date when the Telephone installed at the place of the deceased started ringing the deceased picked up the same and died of electrocution instantly. The detailed facts of the incidence has been stated by the Sr. Electrical Inspector, Govt. of Assam who conducted enquiry in this matter and submitted a report on 4.1.99. From the above report it appears -

(2.) In this case, the respondent State has also filed their affidavit in opposition and they have not disputed about the death of the deceased in the above incident. Copy of the FIR shows that the deceased Joyprakash Agarwalla was aged about 22 years had to face untimely death for no fault of him as there is no negligence on the part of the deceased.

(3.) The Electrical Inspector is the competent Authority under the Electricity Act and on whose report can be acted upon to give succour to the family of the deceased. The Electrical Inspector in his report found that the employees of the Telecommunication Department has violated the Indian Electricity Rules. It is provided that the compensation be paid by the Union of India the employer of the Telecommunication Department. So far, the amount of compensation is concerned the learned counsel for the petitioner was fair enough to submit that the court may award any compensation as it deem fit and proper keeping in mind that the principles laid down for determination of compensation under the Motor Vehicle Act.