RAM SWAROOP YADAV Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to pay to the petitioner a sum of Rs. 3,60,000 by way of compensation on account of death of his son due to electrocution.

(2.) According to the petitioner, on 19.11.1997, while he and his son Mukesh Kumar were engaged in agriculture operation in their land, the overhead electrical wire of 33 KVA which passes over their land, all of a sudden, snapped and fell down while his son was working and as a consequence of the high voltage he died of electrocution. According to the petitioner, he gave report to the said effect to the Officer-in-charge of Lakhisarai Police Station and on that basis, Lakhisarai (U.D.) P.S. Case No. 9 of 1997 was registered. According to the inquest report, cause of death was electrical shock. In the opinion of the doctor who had conducted the post-mortem also the deceased died due to electrical shock. On the premise that the petitioner's son died of electrical shock on account of snapping of the electrical wire, petitioner by his letter dated 5.12.1997 addressed to the Assistant Electrical Engineer, prayed for payment of compensation of Rs. 3,60,000. Such a demand was made by the petitioner before the Electrical Superintending Engineer and the Secretary of Bihar State Electricity Board, but nothing was paid to him.

(3.) Petitioner has filed this application, inter alia, contending that his son having died of electrical shock on account of snapping of electrical wire because of negligence of the functionaries of Bihar State Electricity Board, (hereinafter referred to as 'the Board') he is entitled for grant of compensation.