LAWS(GAU)-2013-8-38

MULAN DUTTA Vs. STATE OF ASSAM

Decided On August 14, 2013
Mulan Dutta Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) By filing this writ application under Article 226 of the Constitution of India, the petitioner prays for a direction to the Assam State Electricity Board, in short, ASEB, to pay compensation on account of death of his wife, Rekha Dutta, who died an untimely death on 13.03.2006 due to electrocution because of negligence of the ASEB authority, leaving behind her husband, two daughters and one son. At the time of her death, she was 40 years old. She was a homemaker.

(2.) The facts, in a nut-shell, are that a high voltage electric line passes by the house of the petitioner. On 13.03.2006, around evening, the line was snapped and was in a tangled-up condition and in spite of being informed by the villagers, the staff of respondent no. 5 did not take any measure either to repair the line or to disconnect electricity supply. However, the petitioner's wife and their two daughters were not aware of the same. The two daughters were returning home from a religious village function at around 1:00 p.m. and they came in contact with the live-wire and hearing their shouts, the petitioner's wife rushed out only to suffer electric shock herself. She was immediately taken to the hospital but she was declared dead. An ejahar was lodged by the Gaonbura of Nagakhelia Gaon Panchayat before the Officer-in-Charge of the Dhemaji Police Station on the basis of which Dhemaji P.S. UD Case No. 5/2006 was registered.

(3.) An affidavit-in-opposition was filed by ASEB and its successor company, namely, Upper Assam Electricity Distribution Company Limited (UAEDCL). Apart from raising question of maintainability of the writ petition on the ground of not availing efficacious and adequate alternative remedy by way of filing a civil suit, it is stated that no information was received by the local ASEB/UAEDCL authorities regarding snapping or tearing-up of the electric conductor in the said village. As per report of the Sub-Divisional Engineer, Dhemaji Electrical Sub-Division, the electric line in question was perfect till the night of 13.03.2006. The Senior Electrical Inspector, Government of Assam, Tezpur was informed about the accident by letter dated 14.03.2006. Two villagers also stated that nobody in that village informed the authority about the snapping of the electric wire.