MADHURI KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE writ petition has been preferred by widow of late Ramanuj Prasad for issuance of a writ in the nature of mandamus commanding upon the respondents to forthwith pay compensation to the tune of Rs. 10,00,000/ - and to grant order of appointment in favour of petitioner on compassionate ground.

(2.) THE case of petitioner is that her husband Late Ramanuj Prasad was an Advocate's clerk (Munsi) of an Advocate of the Hon'ble Jharkhand High Court, having earned of about Rs. 7,000/ - per month, On the fateful day i.e. 30.3.2001 when her husband was coming to Hon'ble High Court, he died due to electric shock because of fall of 11000 Volt wire on the road. He was taken to Gandhi Nagar Hospital by the nearby people but he was declared dead. The matter was informed to Kanke Police on the same day when fardbeyan was recorded being Kanke P.S. U.D. case No. 4 of 2001 dated 30.3.2001. The dead -body of the deceased was forwarded to R.M.C.H., Ranchi for Post -Mortem where in -after the dead -body was handed over to the family members for its last rite.

(3.) COUNSEL for the petitioner relied on a decision of the Supreme Court in M.P. Electricity Board v. Shail Kumar, reported in 2002 AIR SCW 129 : 2002 (1) JCR 375 (SC). In the said case, the Supreme Court taking into consideration Section 19 of the Electricity (supply) Act in a case where a persons electrocuted because of live wire lying on the road, held the liability that on the Electricity Board and directed to pay damages.