ABDUL MATIN Vs. A S E B

JUDGEMENT

(1.) This petition has come up for answering the question relating to maintainability of the writ petition in the matters where compensation on account of negligence is claimed by the petitioner.

(2.) It appears that on 1.6.94 in the night, a storm was there, as a result of which electricity supply of petitioner's locality was affected and some damage was also caused. At about 4.30 A.M., the son of the petitioner, Mahmood Ali, came out of his room to attend to the call of nature; but he was touched by a live electric wire which was lying on the ground, as a result of which, he died on the spot at Islampur, Gandhibasti, Guwahati. The electric wire, according to the petitioner's case, was later on disconnected by the officials of the Assam State Electricity Board (ASEB). The body was sent for post-mortem and thereafter the report, etc, was lodged. The petitioner prayed for grant of adequate compensation on account of the death of his son, Mahmood Ali, caused by the electric wire due to negligence of the respondents. By way of interim compensation, an amount of Rs.50,000/- was prayed for.

(3.) We have heard Shri G. Uzir, learned Counsel for the petitioner and Shri N.N. Saikia, learned Counsel appearing for the ASEB.