LAWS(PAT)-2002-9-129

BIHAR STATE ELECTRICITY BOARD Vs. LACHO SAH

Decided On September 09, 2002
BIHAR STATE ELECTRICITY BOARD, PATNA Appellant
V/S
LACHO SAH Respondents

JUDGEMENT

(1.) This court has heard this matter at length on more than one occasion.

(2.) The facts are short that one Lacho Sah filed a writ petition (CWJC No. 15781 of 2001) after his wife and daughter had been electrocuted. The relief he sought in the writ petition was, in effect, compensation and/or damages against the Bihar State Electricity Board.

(3.) The learned counsel for the Board has addressed the court on strict proof liability. Insofar as the court is concerned, it is faced with a situation on which there is no issue that the death of two persons has occurred by electrocution. The court has awarded total damages amounting to Rs. 2,50,000; Rs. 1,50,000 is to mitigate the hardship on the death of Lacho Sah's wife and Rs. 1,00,000 on the death of his daughter. If the court were to vary the amount of compensation, it would be an exercise in mediocrity.