LAWS(GAU)-2009-1-3

PI ROKIMI Vs. STATE OF MIZORAM

Decided On January 29, 2009
PI ROKIMI Appellant
V/S
STATE OF MIZORAM Respondents

JUDGEMENT

(1.) HEARD Mr. P. C. Prusty, learned counsel for the petitioner and also heard Mrs. Helen Dawngliani, learned Govt. Advocate for the State respondents.

(2.) THIS petition has been filed by the petitioner claiming Rs. 15,00,000/- as compensation for the death of her son Lalsangpuia due to electrocution on 19. 10. 2006 at Thenzawl while cutting the young tree in the jungle. The petitioner's son was aged about 21 years 4 months and 17 days at the time of his death and his yearly income before his death was Rs. 1,35,000/-, in support of which, an income certificate (photocopy) issued by the Sub-Divisional Magistrate, Thenzawl Sub-Division (Annexure-4 to the writ petition) has been annexed. It is stated in the petition that he was the sole earning member of her family and her deceased son was maintaining her two unmarried daughters including herself and his death has created a vacuum in the family causing acute financial hardships and miseries. The deceased was the only and eldest male member in her family and he was the only future hope of the petitioner's family. The petitioner has annexed a photocopy of the post mortem report (Annexure-1 to the writ petition) issued by the Medical Officer, Thenzawl CHC in which, it is recorded that "the cause of death was probably due to shock as a result of electrocution. "

(3.) THIS Court by an order dated 6. 12. 2007 directed the petitioner to furnish a copy of this petition to the Electrical Inspector and on receipt of the same he shall cause inquiry as may be deemed necessary and furnish a report within a period of 30 days from the date of receipt of a copy of the writ petition by the said Electrical Inspector. Accordingly, the inspection was done on 30. 01. 2008 by one Sh. Lalsangzuala, JE along with Sh. Thanseia, Senior Lineman and Sh. V. L. Fakawma, EW at the spot of the accident i. e. 132 KV Line from Serchhip to Lunglei. The findings of the inspection are as follows:-