RAMAWATI KUER Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The facts leading to this writ application and as alleged by the petitioner are that on 23.4.1998 a live electrical wire snapped from the electric pole and fell on the husband of the petitioner as a result of which he died on the spot. The first information report was lodged which was got registered as Sasaram P.S. Case No. 352 of 1998. The petitioner thereafter made an application to the respondents for compensation but as the respondents did not do anything in the matter the petitioner has now come to this court submitting inter alia that a sum of Rs. 10,00,000 be awarded to the petitioner as compensation.

(3.) First information report is Annexure 1 it reads that at about 4.30 a.m. Ram Awadh Singh, Advocate was going to Kali Mandir to offer his puja, the wire snapped, fell on his body as a result of which he died on the spot. The respondents in their counter have not denied the two facts that the wire snapped and the deceased died as a result of electrocution. They have simply submitted that in accordance with section 33 of the Indian Electricity Act, 1910, the said accident has not been reported, therefore, this court should not interfere in the matter. They have also submitted that the Assistant Engineer submitted his report on 17.11.1998 wherein he has said that Ram Awadh Singh died of electrocution but the other facts asserted by the claimants that the wire was loose, it was making sparks and such facts were reported to Electricity Board were concocted. In his report Annexure A the Assistant Engineer has said that no consumer had ever made any report about the wire being loose or hanging.