MADHURI KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE husband of petitioner late Ramanuj Prasad was an Advocate's clerk (Munsi) of an Advocate of the Hon'ble Jharkhand High Court. On the fateful day i.e. 30th March, 2001 when her husband was coining to the Hon'ble High Court, he faced accident and died due to electric shock because of fall of live 11000 Volt wire on the road. He was taken to Gandhi Nagar Hospital by the nearby people but was declared dead. The matter was informed to Kanke Police, Ranchi on the same day when fardbeyan was recorded being Kanke PSUD Case No. 4 of 2001 elated 30th March, 2001. The dead body of the deceased was forwarded to RMCH, Ranchi for post mortem wherein after it was handed over to the family members for its last rite.

(2.) THE widow -petitioner represented before the Jharkhand State Electricity Board (JSEB for short) for payment of compensation of Rs. 10,00,000/ - and for her compassionate appointment on 5th May, 2001, her husband having died because of negligence on the part of JSEB but no action having been taken, a writ petition WP (C) No. 2025 of 2002 was preferred by petitioner Madhuri Kumari v. State of Jharkhand and Ors., for payment of damages -compensation and for appointment of petitioner on compassionate ground. A Bench of this Court vide order dated 11th June, 2002 disposed of WP (C) No. 2025 of 2002 Madhuri Kumari v. State of Jharkhand and Ors., with direction to the chairman, JSEB to decide the claim taking into consideration the relevant fact and decision of the Supreme Court in the case of M.P. Electricity Board v. Shail Kumar, reported in 2002 AIR SCW 129. No decision having been taken by the Chairman, JSEB, the widow - petitioner preferred the present contempt petition. During the pendency of the case, the respondents -O.Ps. accepted the petitioner's claim for payment of accident compensation and allowed a sum of Rs. 20,000/ - for payment by office order No. 1015 dated 30th December, 2002. In the affidavit relating to compliance of the Court's order, while the authorities accepted that the husband of petitioner died on 30th March, 2001 because of electric shock due to fall of live electric wire of 11000 Volt, taken plea that pursuant to the direction of the Hon'ble Court, a scheme for payment of accident compensation has been formulated by JSEB vide Notification No. 1417, dated 23rd December, 2002 wherein the following compensation amount allowed for payment to the outsiders :

(3.) COUNSEL JSEB submitted that the Court's order having complied, though there is some delay, the contempt proceeding be dropped. It was further submitted that the question of quantum of payment may be looked into, if the petitioner prefers a separate writ petition.