Rafikul Islam vs The State Of Assam And 7 Ors
2022 Latest Caselaw 4489 Gua

                                                                      Page No.# 1/6

GAHC010072842019




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/2324/2019

         RAFIKUL ISLAM
         S/O. LT. ASMAT ALI, VILL. AND P.O. SHOWPUR, P.S. KALGACHIA, DIST.
         BARPETA (ASSAM), PIN NO. 781319.



         VERSUS

         THE STATE OF ASSAM AND 7 ORS.
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, POWER AND
         ELECTRICITY SUPPLY DEPTT., DISPUR, GHY-6.

         2:THE ASSAM POWER DISTRIBUTION COMPANY LTD.

          REP. BY THE CHIEF GENERAL MANAGER
          APDCL
          BIJULI BHAWAN
          PALTAN BAZAR
          GHY-1.

         3:THE CHIEF GENERAL MANAGER
          (HRA)
         APDCL
          BIJULI BHAWAN
          PALTAN BAZAR
          GHY-1.

         4:THE DY. GENERAL MANAGER (LAW)
         APDCL
          BIJULI BHAWAN
          PALTAN BAZAR
          GHY.-1.

         5:THE CHIEF GENERAL MANAGER
                                                                  Page No.# 2/6

             (D)
             APDCL
             (LAR)
             BARPETA
             ASSAM. DIST. BARPETA
             ASSAM
             PIN- 781301.

            6:THE ASSTT. GENERAL MANAGER
             BARPETA ELECTRICAL DIVISION
            APDCL
             BARPETA
            ASSAM. DIST.- BARPETA
            ASSAM
             PIN NO. 781301.

            7:THE DY. MANAGER

             SORBHOG ELECTRICAL SUB DIVISION
             DIST. BARPETA
             ASSAM
             PIN- 781301.

            8:THE CHIEF ELECTRICAL INSPECTOR
             GOVT. OF ASSAM
             MAHAVAIRAB BUILDING CHANDMARI
             SOUTH SARANIA
             GHY-3

Advocate for the Petitioner   : MD H R AHMED

Advocate for the Respondent : SC, APDCL

BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

JUDGMENT AND ORDER (ORAL)

Date : 16-11-2022

Heard Mr. H. R. Ahmed, the learned counsel appearing on behalf of the petitioner and Mr. S. Banik, the learned counsel appearing on behalf of the respondent Nos. 2, 3, 4, 5, 6 and 7. I have also heard Ms. M. Barman, the Page No.# 3/6

learned counsel appearing on behalf of the respondent Nos. 1 and 8.

2. The instant writ petition has been filed challenging the inaction of the respondent authorities i.e. the respondent Nos. 2 to 7 in not paying the compensation to the petitioner to which the petitioner is entitled to as per law.

3. The brief facts of the instant case is that on 18.05.2016 at around 8.20 AM while the minor daughter of the petitioner who was about 9 years old was passing through the paddy field nearby the petitioner's house, she touched the 11 KV conductor and got electrocuted and died. It is mentioned that the said 11 KV conductor had snapped and touched the LT Live line and was lying in the paddy field. In that regard, the petitioner has also filed an FIR at Kalgachia Police Station and the same was registered and numbered as Kalgachia P.S. Case No.416/2016 under Section 304(A)/34 of the Indian Penal Code.

4. Pursuant to the death of the daughter of the petitioner, a post-mortem was carried out at FAA Medical College and Hospital, Barpeta. The post-mortem report was issued by the Demonstrator, Department of Forensic Medicine, FAA Medical College and Hospital, Barpeta and revealed that the death of the petitioner's daughter was caused resulting from ventricular fibrillation due to ante-mortem electrocution. Subsequent thereto, on 18.10.2016, the Registrar of Birth and Death had issued the death certificate certifying that the petitioner's daughter expired on 18.05.2016.

5. The said matter was informed to the Deputy Manager, Sorbhog Electrical Sub-Division on the day of incident itself and the said Officer immediately visited the place of occurrence on the same day and thereafter submitted a report/letter dated 18.05.2016 along with Annexure- XTTI to the higher Page No.# 4/6

authority for taking necessary action stating that on 17.05.2016 night the 11 KV Kalgachia feeder at Sawpur, 2 nos. pin insulator punctured and 11 KV conductor snapped and touched the LT Live line and fell in the paddy field due to heavy lightening and rail fall. It was also mentioned that the victim while passing the paddy field, touched the 11 KV conductor and got electrocuted and died. The said report of the Deputy Manager, Sorbhog Electrical Sub-Division have been enclosed as Annexure-3 to the writ petition. The Officer-in-charge of Kalgachia Police Station has also given a police report relating to the death of the daughter of the petitioner on the ground of the electrical accident which has occurred at Sawpur Pathar on 18.05.2016 at 8.20 A.M.

6. It has been further mentioned in the writ petition that the Chief General Manager, (D) APDCL, (LAR) issued a letter dated 31.01.2017 to the respondent No.3 whereby the detailed report in prescribed format submitted by the Sub- Divisional Engineer, Sorbhog Sub-Division, APDCL (LAR) regarding compensation in respect to the death of the petitioner's daughter due to electrocution was forwarded. But the said respondents thereafter did not take any steps to provide compensation to the petitioner. It is under such circumstances, that the petitioner has approached this Court under Article 226 of the Constitution of India.

7. The Petitioner has also referred two Office Memorandums dated 22.12.2008 and 18.12.2013 which were issued by the Manager of the Assam State Electricity Board as well as by the Chief General Manager, HRA of the respondent No.2.

8. Pursuant to the filing of the instant writ petition, this Court issued notice on 08.04.2019. In the said notice, there was a direction to the respondent No.8, Page No.# 5/6

i.e. the Chief Electrical Inspector, Assam to file necessary affidavit. The respondent Nos. 2 to 7 have not filed any affidavit-in-opposition. The respondent No.8 who was the Chief Electrical Inspector cum Advisor, Government of Assam, has filed an affidavit on 30.03.2022 wherein the enquiry report dated 25.02.2022 was enclosed as Annexure-A. A perusal of the said enquiry report reveals that the Enquiry Officer came to an opinion that the accident occurred on account of the contravention of Regulation 12(1) & 73(1) of the Central Electricity Authority (Measures relating to Safety and Electricity Supply) Regulations, 2010 on the part of the APDCL. The cause of death of the accident has also been spelt out in the said Enquiry Report which was confirming to the stand taken by the petitioner in the writ petition.

9. I have heard the learned counsels for the parties and also perused the materials on record. The learned counsel for the petitioner has submitted that this Court after taking into account various provisions of law and more particularly in terms with Entry No.1 in Schedule-B of the AERC (Compensation to Victims of Electrical Accidents) Regulations, 2019 had awarded compensation to the tune of Rs.4,00,000/- to the families of the victims. In that regard reference has been made to the judgment and order dated 17.02.2022 passed in WP(C) No.3233/2020, the judgment and order dated 03.02.2021 passed in WP(C) No.1921/2018 as well as the judgment and order dated 23.11.2021 passed in WP(C) No.3436/2016.

10. This Court after perusing the judgment and orders passed by the Co- ordinate Benches of this Court as well as after taking into consideration the provision of Entry 1 in Schedule B of AERC (Compensation to Victims of Electrical Accidents) Regulations, 2019, is of the opinion that in the present Page No.# 6/6

facts, the petitioner is entitled to receive compensation and taking into account the above mentioned judgments of the Co-ordinate Benches of this Court, this Court finds no reason to differ from the amount of compensation so awarded. Accordingly, this Court directs the respondent Nos. 2 to 7 to pay the compensation of Rs.4,00,000/- to the petitioner. Taking into account that the entitlement of the Petitioner to the compensation arises on account of the fault of the Respondent Nos. 2 to 7 as on 18.05.2016, the date when the Petitioner's daughter met with the fatal accident, this Court directs that the compensation amount of Rs.4,00,000/- shall carry interest @ 12% per annum from 18.05.2016.

11. The petitioner within 7 days from today shall furnish the bank details to the respondent No.3 so that the said amount can be credited to the account of the petitioner through RTGS or Net-Banking within 60 days therefrom.

12. A copy of the instant order be served upon Mr. S. Banik, the learned counsel for due compliance to the directions mentioned hereinabove.

13. With above observations and directions, the instant writ petition stands disposed of.

JUDGE

Comparing Assistant