SAHAJUDDIN Vs. A S E B

JUDGEMENT

(1.) THE petitioner's case is, in brief, thus: on 06. 02. 2005, at about 7 am, when the petitioner got up from his bed and raised his hands, his right hand happened to touch the roof of his dwelling house, which had CI sheet roofing and, on so touching the roof, the petitioner's right hand received electrical; shock and he fell unconscious. The cause of accident was that on 06. 02. 2005, at about 6 am, a storm had started blowing over area of Vimapara village. Because of the storm, an electrical live wire, having 33000 KV, happened to get snapped from the main power line, which was loosely and negligently fitted, the power line fell on the CI sheet roof of the petitioner's house and became the cause of the electrical shock, which the petitioner had received. Immediately after the occurrence, the petitioner's son informed the police about the occurrence. The petitioner, in unconscious state, was carried to the local PHC and, then, on being referred, he was taken to, and treated at, the Civil Hospital, Dhubri. On 19. 02. 2005, the petitioner was referred by the said hospital to the Assam Medical College Hospital, Dibrugarh. The petitioner remained admitted there till 28. 02. 2005 and, then, on being referred by the said medical college, the petitioner was admitted at Gauhati Medical College Hospital, Guwahati, and was discharged on 29. 03. 2005; but he had to be, once again, admitted on 09. 04. 2005 and discharged, on 23. 04. 2005, after having remained there as an indoor patient. The petitioner's treatment has, however, continued. As the right hand of the petitioner stood permanently damaged, his right hand had to be amputated. The petitioner has already spent Rs. 65,000/- for his treatment. The accident took place entirely due to the negligence of the respondents. The petitioner has suffered not only physically and financially, but he has also been mentally tormented inasmuch as he was the sole bread-earner of his family, which consists of his old parents, his minor brothers and sisters, but he, has, now, been rendered incapable of carrying out any work and thereby he has become a burden on his family. The petitioner, therefore, seeks issuance of appropriate Writ (s) commanding the respondents to pay to the petitioner a sum of Rs. 4,00,000/-, as compensation, for pain and sufferings, mental agony, loss of earning capacity, etc.

(2.) THE respondent Nos. 1, 3, 4 and 5 have resisted the writ petition by contending, inter alia, thus: on 06. 02. 2005, a storm swept over Vimapara area and the wind made a tree fall on one 33000 KV electrical wire. The electrical wire, thus, got snapped. The live electrical wire fell down and came in contact with the CI sheet roofing of the petitioner's house. The petitioner might have touched the electrical wire and got electrocuted. The accident, which the petitioner suffered, was not due to any negligence on the part of the respondents, but as a result of the act of God.

(3.) I have heard Mr. A. Mannaf, learned counsel for the petitioner, and Mr. D. Bhattacharyya, learned Standing Counsel, ASEB, appearing on behalf of the respondent Nos. 1, 3, 4 and 5.