RAJIB RANJAN Vs. MADHURI KUMARI

JUDGEMENT

(1.) THE husband of respondent, Ramanuj Prasad, who was an Advocate's Clerk, when he was coming to the High Court he suffered shock because of the fall of 11000 Volt wire on the road and ultimately he died. A report was submitted in Kanke Police Station on the same day being Kanke P.S. U.D. Case No. 4 of 2001 on 30th March, 2001. The wife of the deceased, Ramanuj Prasad preferred writ petition being W.P.(C) No. 2025 of 2002, which was decided by this Court vide order dated 11 th June, 2002 and it was observed that "as the matter requires determination by the respondents at first instance, the case be remitted to the Chairman, JSEB, who will determine both the issues relating to payment of damages and appointment of writ petitioner on compassionate ground within two months from the date of receipt of representation as may be preferred by the said petitioner".

(2.) IT appears that in pursuance of the direction of this Court contained in order dated 11th June, 2002 the representation of the petitioner was considered but admittedly no compensation was determined and in view of the further direction of this Court to consider the framing of the policies for providing compensation to the persons, who may suffer or otherwise injured due to such nature of accident, the J.S.E.B framed the policy and quantified the compensation to such victims. On the representation of the writ petitioner,which was decided before the said policy decision, it has been observed by the Chairman that " it is accepted that authorities of State Electricity Board owes a duty of care to see that live wire is removed immediately and the power is switched off in such a natural calamities so as to make the public place safe for the visitors. It is also accepted that failure to do so will make the Board liable to pay damage for human life. It is also ordered that adequate resolutions be framed by the Board within a period of three months in light of order of Hon'ble Supreme Court reported in 2002 AIR SCW 129 to decide such cases on uniform policy. The claim of Madhuri Kumari, thereafter be decided as per the regulations to be framed on priority basis preferably within a fortnight after the date of issue of such guidelines by the Board" .

(3.) BEING aggrieved against the order dated 26th March, 2003 passed in the said contempt petition no. 892 of 2002 this L.P.A. has been preferred by the Electricity Board.