High Court
Case Details
WP(C) 1772/2009 BEFORE HON’BLE MR JUSTICE B.K. SHARMA
Legal Reasoning
Heard Mr. A. Mannaf, learned counsel for the petitioner as well as Mr. D . Bhattacharjee, learned SC, ASEB. By means of this writ petition, the petitioner wife of the deceased, nam ely Sultan Ali, has prayed for adequate compensation for his death due to elect rocution. According to the petitioner, on the fateful date, i.e. 08.01.2008, whi le her husband was ploughing in his agricultural field unfortunately he came to contact with live electrical wire and accordingly he died. An FIR was lodged o n 09.01.2009 with Mayong P.S. and the same was registered as Mayong P.S. Case No . 1/2008. It has been alleged that there is negligence on the part of the respon dents ASEB in keeping the electrical live wire at a very low level which caused death of the husband of the petitioner. In the counter affidavit filed by the ASEB authority it has been stated that there is no negligence on its part. It is further stated that the petitione r has claimed different amounts on different times. In the report submitted by the Sr. Electrical Inspector, Govt. of Assam, it has been stated thus. (cid:28)Causes leading to the accident: During the course of aforesaid enquiry it appeared that the condition of the ove rhead line drawn in that area is unsafe and there is every possibility of occurr ence of similar type of electrical accident in future if suitable measures are n ot initiated immediately to counter such happenings. During enquiry it appeared that instead of using PSC poles, bamboo poles are used to draw the overhead line which is unsafe. Also, no earthing and neutral wire is provided in the installa tions. An inspection report was served after the site visit to the concerned Jha rgaon Electrical Sub-Division for immediate compliance and furnishing item wise compliance report thereof to this office. From the facts gathered from the eyewitnesses, it appeared that Smti. Ja mila Begum was playing near the OH support, while her uncle, the victim Late. Su ltan Ali was busy on work near the site. While playing, Smtoi. Jamila Begum some how might have got electric shock due to leakage current flowing in that area, s he started shouting and on hearing her shouts, the victim Late Sultan Ali rushed to the spot for rescue her. He pushed her away from the spot and on doing so hi s foot might have slipped on the muddy ground and somehow got exposed to the lea kage current, thus received the fatal electrical shock. It is to be mentioned here that contrary to the mention in the writ peti tion by the petitioner, no wire/stay wire was found at the time of enquiry as fi tted from the pole to ground. Besides denying occurrence of any such accident at village Patekibari, Mouja Pokaria, P.s. Mayang, Dist. Morigaon on 08.01.2008, t horugh his letter to this Inspectorate vide No. JHESD/T /2007-08/1207(a), Dtd. 2 2.09.2008 (received on 15.02.2010), the Deputy Manager, Jhargaon Electrical Sub- Division, APDCL (ASEB) also denied about presence of any stay wire there. Though the Deputy Manager, Jhargaon Electrical Sub-Division, APDCL (ASEB ) denied about presence of any stay wire there at the time of accident besides d enying occurrence of any such accident at village Patekibari, Mouza Pokaria, P.s . Mayang, Dist. Morigaon on 08.01.2008, it could not be believed in view of stat ement of eye witnesses, Post Mortem Report, Police U/D case report and on the fi ndings of the spot verification that confirmed the occurrence of the said accide nt. The probable causes of the Accident At site visit, it was noticed that there exists a 3-phase motor, which is used f or pumping water for irrigating the cultivation filed. A TPN MCB is used for con trolling the system. There is a completely temporary shed where pump, energy met er, contraol system etc. are kept. The OH line is also 3 phase. Neither a neutra l wire nor a earthling was seen in the whole installation. The wiring system is also one that is done in a temporary and unsafe manner. The whole installation s ystem either supplier or the consumer was not done in accordance with the mandat ory provisions laid down in Indian Electricity rules/ BIS code of practices. Had supports having with adequate mechanical strength of PSC pole instead of br oken PSC/bamboo pole (s) been provided, had appropriate and adequate type of con ductors confirming to the relevant specification of the BIS been provided for dr awing the line, had appropriate type of cross arm/channels and pin/guy insulator s etc. used for drawing the line, had there been regular and proper checking of line by the owner of the overhead line and had earth connections been provide on panel board and on motors by the consumer, had appropriate safety protective /p reventive measures been taken by the consumer, the instant electrical accident r esulting to death of the victim would not have taken place. 12) Contraventions: From the facts and circumstances leading to the accident it appears that there o ccurred violation of rule 29, 30 (3&4), 33 & 61(3) of the Indian Electricity Rul es, 1956 on part of the owner of the supply system, i.e. the Assam State Electri city Board and by the consumer as well. 13) Recommendation The provision as mentioned in the Indian Electricity Rules, 1956 should be stric tly complied with by the owner of the supply line for installing and maintaining its supply network in safe condition besides strict compliance of the safety pr ovisions as laid down under the rules. Special attention should be given to regu lar checking of overhead lines and carrying out immediate corrective maintenance works to ensure safety to public. (cid:29)
Decision
Considering the above report, it cannot be said that there is no negligence on t he part of the ASEB. It is not the case of the respondents that death occurred t o the petitioners due to his own negligence. Admittedly, he came to contact live wire while going to agricultural field. If the live electrical wire were kept i n a safe condition, same did not come into contact with human being. As per the policy of ASEB, in case of death due to electrocution, the amount of compensatio n of the deceased upto 20 years is Rs. 1 lakh and Rs. 1.50 lakh for the age grou p of 20-55 years. Considering the matter in its entirety, the writ petition is disposed of providi ng compensation of Rs. 1.50 lakh for death of the petitioner’s husband. The ASEB shall deposit the said amount to the Registry of this Court which in turn shall hand over the same to the petitioner upon proper identification.