SADULLAH MD Vs. ASSAM STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner, who is the husband of the deceased Marian Nessa (Begum), by the present petition, is praying for a direction to the respondent authorities to pay compensation of Rs. 3,50,000/- for the death caused by electrocution because of the total negligence on the part of the respondent authorities in maintaining the over head 11,000 vaults wire.

(2.) The case of the writ petitioner in the present writ petition is that on 15.9.2006 at about 8 AM when his wife Marian Nessa (Begum) went to the agricultural field with the goats for feeding them grass, unknowingly she came into contact with the electrical live wire having high voltage, which was hanging at the accident site and as a result of which she got electrocuted and died on the spot. Further case of the petitioner is that he immediately lodged an FIR with Chhaygaon Police Station on 15.9.2006 itself, on the basis of which Chhaygaon Police Station U.D. Case No. 13/2006 was registered on 16.9.2006, during investigation of which the dead body was sent for post mortem examination in Guwahati Medical College and Hospital and the Doctor, upon conducing such post mortem examination, has submitted the post mortem report with the opinion that the "death was due to Syncope resulting from electrical burn injuries during life." According to the petitioner, the accident occurred due to the gross negligence of the respondent authorities in maintaining such high voltage wire.

(3.) The respondents on receipt of the notices entered appearance and filed the counter affidavit, wherein while admitting the incident has contended that there was no negligence on the part of the authorities in maintaining the line and the live conductor, which was snapped and being an aluminum conductor visible from a distance of 50 Meters, the victim ought to have noticed the same and avoided crossing such hanging wire and as such there is contributory negligence on the part of the deceased. The further stand in the affidavit is that had that live conductor after it got snapped touched the earth, the protective device line DO fuse or breaker comes into operation and would have tripped due to fault of the line. In the said affidavit it has further been pleaded that regular checking of the line was conducted by the authority and last checking was done on 14.9.2006 and no defect was noticed on such checking. In view of such dispute raised in the affidavit, the respondents further prayed that since the disputed fact is involved in the writ petition, the relief sought for in the present petition cannot be granted as such dispute has to be resolved in a suit to be filed by the petitioner. The respondent in the affidavit has further contended that the Chief Electrical Inspector was informed about the accident vide communication dated 18.9.2006.