DR.VISHWANATH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the petitioner and the counsel appearing on behalf of the Electricity Board.

(2.) IN the instant writ petition the petitioner prays for compensation to the tune of Rs. 5 lacs for the death of his wife late Renu Devi, aged about 28 years, minor daughter late Jyoti Kumari and minor son Raushan Kumar, both aged about 5 years and 2 years respectively due to inaction and negligent acts of the respondents. The petitioner made a fardbeyan before the police on 6.10.1987 giving rise of U.D. Case No. 8/87 dated 6.10.1987. He alleged that the transformer of the Board which was installed near the house of the petitioner got burnt and exploded as a result of which three of his family members sustained injuries and died. It was also stated that apart from these three, some other persons including the petitioner also sustained injuries. He alleged that the transformer was not working properly for quite some time and information regarding the same was given to the Electricity Board.

(3.) THE District Magistrate, Gaya set up an enquiry and Shri R.B. Singh, Deputy Collector, Gaya after enquiry submitted his report stating therein that the transformer got burnt and exploded due to negligence of the Electricity Department, although they were informed about the malfunctioning and damaged condition of the transformer. A copy of the enquiry report is annexed at Annexure -2. Afte. receipt of the aforesaid report, the District Magistrate, Gaya also made recommendation to respondent no. 2, the Secretary, Bihar State Electricity Board, Patna, for making payment of compensation. A copy of recommendation of the District Magistrate, Gaya dated 18.2.1988 is annexed at Annexure -3.