Anadi Charan Jena And Others vs Authorized Officer
2022 Latest Caselaw 3447 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            WP(C) No.22418 of 2019
                            (Through Hybrid mode)

            Anadi Charan Jena and others           ....            Petitioners

                                 Mr. Subhransu Bhusan Mohanty, Advocate

                                        -versus-
            Authorized Officer, NESCO Utility      ....       Opposite Parties
            Balia and others
                                   Mr. Prasanta Kumar Tripathy, Advocate

                      CORAM: JUSTICE ARINDAM SINHA
                                       ORDER

25.07.2022 Order No.

13. 1. Mr. Mohanty, learned advocate appears on behalf of petitioners. He submits, his clients are the sons of a person, who died by electrocution. He refers to the post-mortem report dated 31st May, 2001 with reference to Simulia P.S. U.D. Case no.11 dated 30th May, 2001 to submit, fact was that petitioners' father went to the market and coming in contact with electric pole/wire, he was electrocuted and died. Prayer is for compensation.

2. Mr. Tripathy, learned advocate appears on behalf of the supplier. He relies on, inter alia, paragraph 4.1 in his clients' counter, from where following is extracted and reproduced below.

// 2 //

"4.1. That herein this case there was no snapping of 11 kv line either on 30.05.2001 or before the said date, therefore, death of deceased and negligence in maintaining the 11 kv line by the licensee does not arise at all."

He relies on judgment of the Supreme Court in S.D.O. Grid Corporation of Orissa Ltd. v. Timudu Oram, reported in (2005) 6 SCC 156 to submit that the case can at best said to be an action in tort and negligence, required to be established by petitioners. Even if the wire had snapped and deceased came in contact with it, that by itself is not sufficient for awarding compensation. It is also required to be examined whether the wire had snapped as a result of negligence or under what circumstances deceased had come in contact with the wire.

3. State is added as party. Petitioner will file consolidated cause title and thereupon serve copy of the petition along with this order. State is required to produce report in Simulia P.S. UD case no.11 dated 30th May, 2001 on adjourned date.

4. List on 1st August, 2022.

(Arindam Sinha) Judge

RKS