Patna High Court
Sunita Devi vs The State Of Bihar And Ors on 14 February, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6470 of 2017
======================================================
Sunita Devi Wife of Late Naresh Sah, Resident of Village- Banghara,
Kishanpur, Police Station- Ghatho, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Energy Department,
Bihar
2. The Collector and District Magistrate, Samastipur.
3. The Chief General Manager, Electricity Board, Vidhuyt Bhawan, Bailey
Road, Patna.
4. The Executive Engineer, Electricity Dept. Vidyapati Nagar/Ghato,
Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar @ Vijay Kr. Singh
For the State : Mr. Abbas Haider- SC 6
For the Respondent : Mr. Ritesh Kumar, Advocate
Nos 3 and 4
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 14-02-2025
1. The Writ petition has been filed
seeking directions to the respondent authorities to
pay compensation of Rs. 10 lakhs to the petitioner,
as her husband, the only earning member of the
family, died by electrocution due to the
carelessness/fault of the Electricity Department.
2. A counter affidavit was filed on
behalf of the respondent Electricity Department,
Patna High Court CWJC No.6470 of 2017 dt.14-02-2025
contending that a sum of Rs. 50,000/- was paid to
the petitioner as ex-gratia in the event of the fatal
electrical accident, i.e., the death of the
petitioner's husband, as per the Bihar State
Electricity Board's circular. It is further contended
in the counter affidavit that the petitioner is
claiming a compensation amount of Rs. 10 lakhs,
as her husband was a farmer, but no document
has been annexed to show her husband's earnings.
However, Respondent Nos. 3 and 4 paid the ex-
gratia amount as per the circular, and the ex-
gratia is not based on earnings.
3. At this juncture, the Learned
counsel for the respondents contended that since
this matter is squarely covered under the order
dated 19.03.2024 passed in CWJC No. 8470 of
2022 (Nizamuddin Ansari Vs. The Bihar State
Power Holding Company Limited & Ors.) by
this Court in which this Court has passed the order
in light of a judgment passed by the Hon'ble Apex
Court in the case of Chairman, Grid Corporation
of Orrisa Ltd. & Ors. Vs. Sukamani Das & Anr
Patna High Court CWJC No.6470 of 2017 dt.14-02-2025
reported in (1999) 7 SCC 298 this Writ petition
may also be disposed of on the same terms and
conditions.
4. Heard the Learned counsel for the
petitioner as well as the Learned counsel for the
respondents.
5. After perusal of the aforesaid
judgment, the Learned counsel for the petitioner
seeks liberty to make appropriate application for
compensation before the appropriate
authority/forum.
6. Having regard to the submissions
made by the Learned counsel for the petitioner,
the present Writ petition stands disposed of in
terms of the aforesaid judgment passed in CWJC
No. 8470 of 2022 (supra) and also with liberty
to the petitioner to seek necessary compensation
by approaching the concerned Civil Court and in
case, any such petition is filed, the same is
expected to be disposed of expeditiously by the
Learned court below.
7. With the aforesaid direction the Writ
Patna High Court CWJC No.6470 of 2017 dt.14-02-2025
petition stands disposed of.
8. Interlocutory Application(s), if any,
shall stands disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 14.02.2025
Transmission Date
