B.P.RAY, J. OJC. NO.18039 OF 1997 (Decided on 16.07.2010) HEMA SETHY ……….. Petitioner. .Vrs. EXECUTIVE ENGINEER, ELECTRICALDIVN.(GRIDCO), ………. Opp.Parties. JOBRA, CUTTACK & ANR. For Petitioner - M/s. T.C.Mohanty. For Opp.Parties- Mr.B.K.Nayak. B.P.RAY, J. The petitioner has filed this writ petition praying therein to award compensation together with interest for the death of her husband late Niranjan Sethy, who died on 13.9.1007 at about 11.00 A.M. in electrocution near village Sanackosti under Tangi P.S. while he was going to take his bath in the river due to falling of a dead Chakunda branch on live electric wire which ultimately fell on the deceased. After the death of Niranjan Sethy, a U.D. case has been registered by Tangi P.S. being U.D.Case No.07/97 U.D.G.R. No.786/97 vide Annexure-1. The F.I.R. lodged with the Tangi P.S. clearly corroborates the above fact of electrocution and on inquiry the Investigating Officer came to the conclusion that the husband of the petitioner died in electrocution due to negligence on the part of the electricity officials. Therefore, there is no doubt that the husband of the petitioner died in electrocution. The post mortem examination No.830/97, dated 14.9.97 also indicates to that extent. 2. Moreover, the opp.parties in their counter affidavit I n Para 4 have stated. “In fact unfortunately due to falling of a piece of wooden branch on the live electric line, one of the conductors detached from the electric pole and fell on deceased Niranjan Sethy, who was passing under the line at that time and the deceased died on the spot”, which proves the case of the petitioner. 3. A division Bench of this Court in a case of Nirmala Nayak and others V. Chairman-cum-Managing Director, Grid Corporation of Orissa Ltd. and another reported in 2005 (II) OLR 389 has followed the decision of the Apex Court and held that: “ The Apex Court has observed that while determining the question of compensation and awarding compensation to children the guiding factor enunciated in the case of Lata Wadhwa V. State of Bihar (2001) 8 SCC 107 should be followed and in such case 2nd Schedule to Motor Vehicles Act can be considered to be proper guide.” 4. In the present case, the petitioner’s claim is that her husband was working as a daily labourer in P.W.D. of Govt. of Orissa and was working in Tangi section and earning Rs.1,200/- per month. But no document has been filed in this regard. The deceased was aged about 35 years at the time of accident. The claimants are the wife, minor son, namely, Ganeswar Sethy and minor daughter, namely Gitanjali Sethy. The appropriate multiplier in this case shall be 17 as per M.V. Schedule and taking the minimum wage of Rs.60/- per day in my considered view Rs.2,000,00/- would be just and proper compensation. The authorities are directed to deposit the entire awarded amount in this Court by account payee Bank Draft in favour of the petitioner by end of August, 2010 together with simple interest @ 6% per annum from the date of presentation of writ petition till payment. On deposit of the aforesaid amount, the same shall be disbursed to the petitioner by the Registrar (Judicial) on proper identification. The writ petition is accordingly disposed of. Writ petition disposed of. 2