KANTI DEVI Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE husband of the petitioner was an employee of the Bihar State Electricity Board and worked as Switch Board Operator (Class II) at the Power Sub -Station, Ram Chandpur under the Electric Supply Division (Urban), Bihar Sharif. He died at about eight in the morning on 8.10.1993. According to the petitioner, her husband died due to electric shock received by him in an accident arising out of and in the course of his employment and in the discharge of the duty assigned to him.

(2.) IT appears that one Lala Ram who was on duty along with the husband of the petitioner reported the matter to Syed Ali Imam, Additional Assistant Engineer who in turn gave a written report to the police on the basis of which a case of unnatural death being Case No.

(3.) /1993 was instituted at Deepnagar police station. In the written report, forming the basis of the police case, the death was stated to have been caused due to electric shock received by the workman in an accident arising out of and in the course of employment. The post mortem report also found that the petitioners husband died due to shock caused by electricity. Apart from the above the petitioner relies upon other materials, documentary and oral, in support of her claim that her husband died in an accident arising out of and in the course of his employment.But having regard to the order proposed to be passed in this case, it is not required to go into the details of the evidences on the issue. 3. Suffice it to note that the Board by its resolution no. 13, dated 30.6.1988 had framed a scheme called, the Accident Compensation Scheme, 1988 inter alia for payment of compensation to heirs of an employee dying in an accident in the discharge of duty assigned to him. The petitioner made an application for compensation in terms of the aforesaid scheme. According to her case, after a number of reminders all that she received from the Board was a copy of the office order no. 325, dated 22.12.1999 issued by the Director (Personnel), a copy of which is at Annexure 10. It is a brief order stating that the petitioners claim on being reviewed was rejected at the level of the Board. Hence, there was no need for any further consideration on that matter.