FAZAR ALI Vs. M S E B

JUDGEMENT

(1.) THE matter relates to payment of compensation on account of death due to electrocution. Both the writ petition being on the set of facts and the relief prayed for also being the same, they have been heard together and are being disposed of by this common judgment and order.

(2.) THE petitioners are the father and wife respectively, of the deceased persons, on whose death, the claim has been made for payment of compensation. While in the first writ petition, the petitioner is the father of the deceased, in the second writ petition, the petitioner is the wife of the deceased.

(3.) AS per the story narrated in the writ petitions, the deceased namely Shirajul Ali and Asgar Ali @ Askar Ali, were the temporary employees of the organization called Meghalya Ispat Limited in the district of Ri-bhoi, Meghalaya. On 25. 4. 2003, the Meghalaya State Electricity Board (MSEB) personnel were engaged in connecting a high tension electric wire to a post infront of Meghalaya Ispat Limited. Seeing the deceased employees coming out from their worksite during break hours at about 1. 30 PM, the MSEB personnel requested them to render assistance to pull the wire. According to the petitioners, inspite of the refusal to do the work, the MSEB personnel forced them to do so. Accordingly, the said deceased employees engaged themselves in the work for about half an hour. Suddenly, the wire became live, and consequently the deceased died on the spot being electrocuted. It has been asserted that the incident occurred due to the negligence of the MSEB.