KICHIMA KALITA Vs. ASSAM STATE ELECTRICITY BOARD

JUDGEMENT

(1.) By way of this petition, under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents to pay compensation of Rs. 7,00,000.00 on account of death of her son due to electrocution. Heard Mr. A Mannaf, learned counsel for the petitioner and Mr. Nur Mohammad, learned Govt. Advocate. Also heard Mr. D Bhattacharyya, learned Standing Counsel, ASEB.

(2.) Case of the petitioner is that on 24.07.2004 at about 8.30 a.m., petitioner's son, Bijoy Kalita (since deceased) was collecting tree leaves to feed the goats. In the process, he touched the leaves and branch of a nearby tree, whereafter he suffered electric shock leading to his instantaneous death. Uncle of the deceased lodged first information before the Nalbari Police Station regarding death of petitioner's son. On the basis of the aforesaid information, Nalbari P.S. U/D Case No. 7/2004 was registered. Post mortem examination was carried out on the body of the deceased and as per post mortem examination report, the cause of death was due to electric burn.

(3.) Petitioner also submitted a representation before the authorities of ASEB seeking compensation. According to the petitioner, though the ASEB authorities admitted that death of the deceased occurred because of the negligence of ASEB personnel, no compensation was paid.