ANTAR KANWAR Vs. R.S.E.B.

JUDGEMENT

(1.) THIS appeal has been filed against the order of the learned Single Judge dated 1.10.2000, dismissing the writ petition on the ground of being not maintainable in view of the judgments of Hon'ble the Supreme Court in Chairman, Grid Corporation of Orissa Ltd. v. Smt. Sukamani Das reported in AIR 1999 SC 3412 and Tamilnadu Electricity Board v. Sumathi and Ors. reported in AIR 2000 SC 1603, as the proper remedy is civil suit in torts.

(2.) THE necessary facts are that on 23.10.1998 the petitioners filed the present writ petition alleging inter -alia that on 20.7.1997 the deceased Bhanwar Singh was looking after the crops of cotton at his well, which was electrified and he was found lying unconscious at 4 PM, on that day, near the electricity pole by his nephew. With this basic fact, other facts have also been pleaded, and the writ petition has been filed for a direction to pay adequate and fair compensation, amount whereof may be determined by this Court.

(3.) WE have gone through the judgments of Hon'ble the Supreme Court, as considered by learned Single Judge. True it is that in both the judgments, it has been held by Hon'ble the Supreme Court that in such matters, writ petition would not lie. However, it is significant to note that in both those cases, High Court had awarded compensation and the amount of compensation awarded had already been paid to the claimants, and in both the cases, Hon'ble the Supreme Court had further directed that the amount paid to the claimant shall not be recovered back, obviously with the result that though laying down the law, the fact situation that remained was that the claimants were paid the compensation, in other words, they were not left high and dry.