Anadi Charan Jena And Others vs Authorized Officer
2022 Latest Caselaw 2563 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) No.22418 Of 2019
                            (Through hybrid mode)

        Anadi Charan Jena and others          ....           Petitioners

                                          Mr. S.B. Mohanty, Advocate
                                   -versus-

        Authorized Officer, NESCO Utility     ....      Opposite Parties
        Balia and others
                                            Mr. S. Pattnayak, Advocate



                  CORAM: JUSTICE ARINDAM SINHA
                                  ORDER

Order                            11.05.2022
No.
  11.   1.      Mr. Mohanty, learned advocate appears on behalf of petitioners

and submits, his clients are before Court seeking compensation. He

relies on Division Bench of this Court in T. Bimala v. C.M.C.,

Cuttack reported in 2015 (II) ILR-CUT-1. He submits, in that case

there was view taken regarding strict liability of a person undertaking

an activity involving hazardous or risky exposure to human life, as

cannot avoid liability on ground that death of the victim by

electrocution was due to act of third party. He submits, in that case

Rs.2,00,000/- was awarded in exercise of writ jurisdiction leaving the

petitioner to find remedy for higher compensation under common law

forum. The judgment was passed on 15th December, 2014. In this case

// 2 //

though the death happened on 30th May, 2001, no compensation has

yet been paid.

2. Mr. Pattnayak, learned advocate appears on behalf of the utility

and submits, his client has made an interim application praying for

adjournment of four weeks. He submits, grounds in the application are

that the unfortunate event happened many years ago and records need

to be looked at.

3. Order sheet reveals on 27th April, 2022 the utility had obtained

adjournment. Today they have come up with application for further

adjournment.

4. Adjournment granted is peremptory.

5. List on 27th June, 2022.

(Arindam Sinha) Judge Sks