SHEET BASANT PASHWAN Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel appearing on behalf of the Respondent - Board.

(2.) THE petitioner 'sin both the applications claim compensation for death by electrocution. The submission in CWJC 5920 of 2003 is that in consequence of electric line snapping from the pole, his son came in touch with the same and expired. U.D. case No. 7 of 2002 was registered in that regard on 23.5.2002 which is appended at Annexure -1. The post -mortem report confirms death by electrocution. The local people had raised a general grievance and in spite of repeated complaints to the local office, no step was taken to replace the old and damaged wire. However, no document has been placed on record with regard to this assertion of the petitioner that the wire was old and damaged liable to snap any time in evidence of admitted negligence on the part of the Board. This has been replied by the Board in paragraph 11. of its counter affidavit that the wire was "O.K. and was thoroughly and regularly maintained".

(3.) THE submission of the petitioner is that snapping of the wire was per se evidence of negligence leading to entitlement of compensation.