LAWS(PAT)-2006-5-45

BIHAR STATE ELECTRICITY BOARD Vs. RAMSWARUP YADAV

Decided On May 04, 2006
BIHAR STATE ELECTRICITY BOARD Appellant
V/S
RAMSWARUP YADAV Respondents

JUDGEMENT

(1.) India is still considered by the economists as a developing country. Bihar is one of its poorest states. In the event, there are countless ways in which the poor in this State might die. Accidental electrocution, among them, is not unknown. Death by accidental electrocution is hardly surprising having regard to the very poor state of maintenance of electric fittings in private or public premises and an equally sorry state in which the Bihar State Electricity Board is able to keep its installations. But what is actually shocking is the callous and mindless attitude of the Board in such cases. It would try to completely deny such occurrence(s) and in that connection, it may go so far as to try to mislead the Court.

(2.) The case in hand, is one such instance. According to the writ petitioner, (respondent No. 1 in the appeal) around mid-day on 19-11-1997, he and his son were collecting vegetables grown on his piece of land. At that time, the 33 KVA electric line passing over their land suddenly snapped and fell on the ground. His son came in contact with the live wire and as a result he died of electric shock. He reported his son's death by electrocution at Lakhisarai Police Station giving rise to Lakhisarai (UD) P.S. Case No. 3 of 1997. The police found the body of the peasant's son lying on the land where he had died. The inquest report and the postmortem held on the body of the deceased confirmed that death was due to electrocution.

(3.) The petitioner filed a writ petition claiming from the Board a compensation of Rs. 3,60,000/- for the death of his son. The Board took the plea that No. 33 KVA line passed over the land of the petitioner and hence, all the statements made by him were untrue. A litle investigation by the Court revealed that an electric line actually passed over the land of the petitioner though it was not of 33 KVA but 11 KVA (equally lethal on coming in contact with human body). The board in its supplementary counter-affidavit was forced to admit as follows :