PARVATI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Jeetlal Mahto, husband of the petitioner died on 04.06.2006 due to electric shock while helping Electric Mistry (Technician) namely Maya Ram and Moti Mistry on 03.06.2006 in the presence of the Assistant Electrical Engineer, Prabhunath Singh, Switch Board Operator Rudra Nath Das during installation work of transformer at Tatisilway Power House. Petitioner is seeking compensation and compassionate appointment as well on her husband's death.

(3.) Learned counsel for the Jharkhand Bijli Vitran Nigam Limited (JBVNL), Ranchi submits that as per the admitted facts, deceased was not an employee of Jharkhand State Electricity Board at the relevant point of time and therefore, claim of compassionate appointment is not maintainable. Claim of compensation could have been raised under Section 161 of the Electricity Act, 2003 before the Electrical Inspector who upon due enquiry would have determined the claim and liability of JBVNL, if any. He also points out that under the prevalent scheme for compensation in case of accidents vide notification no. 1417 dated 23.11.2002, compensation is to be given in case of accident, fatal or non-fatal. This scheme has subsequently been revised as well vide office order no. 1119 dated 25.09.2006, whereby compensation amount has been enhanced to Rs.2,50,000/- in case of fatal accident.