RAHIMUDDIN LASKAR Vs. ASSAM STATE ELECTRICITY

JUDGEMENT

(1.) Heard Mr. K. Agarwal, learned counsel for the petitioner. By this petition under Article 226 of the Constitution the petitioner prays for a direction to the respondents to pay an amount of Rs. 1,50,000/- as compensation to the petitioner on account of accidental death of his mother due to electrocute on 3.8.94. On petitioner's own showing there are three other claimants as mentioned in para 2 of the petition. This petition involves the question of proof of negligence and on such proof determination of quantum of compensation and its appointment amongst the claimants, in face of this highly controvertible facts it is not proper nor desirable to decide the question of compensation without there being any evidence on the material issues. The petitioner has already been paid Rs. 20,000/- as interim compensation vide order dated 12.5.95. Of course, that is under a personal bond executed by the petitioner.

(2.) A Division Bench judgment of this Court, as reported in Surakanta Talukdar Vs. Assam State Electricity Board & ors, (1991) 2 GLR 204, has been cited at the Bar. This judgment was the subject matter of an appeal before the Supreme Court in SLP No. 888 of 1992 decided on 1.5.96. By order dated 24.2.92 an amount of Rs. 30,000/- was directed to be unconditionally paid to the appellant and thereafter by the final order dated 1.5.96 the Supreme Court has disposed of the SLP with observation that-"However, taking all the facts and circumstances into consideration, we direct that a further sum of Rs. 30,000/- be paid to the appellant on or before July 31, 1996 through a demand draft drawn in favour of the appellant by the respondent-Board. "In the instant case, by ordering payment of Rs. 20,000/- as interim compensation, substantial justice for the time being has been done. If the petitioner is still desirous, he can approach the Civil Court, the proper forum for determination of such issues. In case he so approaches, the time lost in prosecuting in this court can be condoned if at all a question of limitation arises. The petitioner can even apply for prosecuting the suit in the form of forma pauperis and can also can approach the State Legal Aid Board for legal aid.

(3.) So far as this petition is concerned, it stands finally disposed. The amount paid as interim compensation in compliance of the order dated 12.5.95 shall be adjustable in accordance with the final decision of the suit, if any. I make no order as to cost.