WP(C) 8480/2004 BEFORE HON’BLE MR JUSTICE B P KATAKEY Heard Ms R Das, learned counsel for the petitioner and Mr D Bhattacharje e, learned Standing Counsel for the Assam State Electricity Board(ASEB). Also he ard Mr J Handique, learned state counsel appearing for respondent no.5. The petitioner, in the present petition, has claimed compensation under the public law remedy for the death of his son in an accident of electrocution o ccurred on 14th January, 2002, contending inter alia that on that fateful day wh en his son, who was above 26 years of age, came in contact with a live electrica l wire oscillating from the over-head wire, died instantaneously. According to p etitioner, on the basis of a first information report(FIR) lodged at the Jagiroa d police station, a case, being Jagiroad P.S. U/D Case no.1/2002 was registered and during investigation the post-mortem examination was conducted and a report was submitted. It has also been contended that the report (in the final form) un der Section 173 of Code of Criminal Procedure was also submitted by the investig ating agency to the effect that the petitioner’s son died as a result of electro cution. The petitioner has further contended that the ASEB has not maintained th e line in accordance with the provisions of the Electricity Act and the rules fr amed thereunder, and for their lapses and contravention of the provisions of law , the incident of electrocution occurred and due to which he lost his son. Senior Electrical Inspector, government of Assam, filed an affidavit enc losing therewith the enquiry report on the incident of electrocution occurred on 14.1.2002, where from it appears that there was contravention of Rule 29 of the Electricity Rules by the licensee ~ ASEB. Though a copy of such report was furn ished to the ASEB, no appeal challenging the finding recorded in the report has been filed before the appellate authority(constituted under the provisions of El ectricity Act, 2003). No affidavit-in-opposition has been filed by the responden t nos.1, 2 and 3, in absence of which the finding recorded in the said report da ted 24.1.2005 has to be accepted. It is evident from the said report that the electrocution occurred on 14.1.2002 at around 2.00 Ante Meridian and the petitioner’s son died due to that. Senior E lectrical Inspector has further recorded a finding relating to contravention of the provisions of Rule 29 of Electricity Rules by the ASEB, which is quoted belo w: From the facts and circumstances leading to the accident it appears tha t the provisions of rule 29 of the Indian Electricity Rules 1956 are contravened by the owner the L.T. overhead electric transmission line in is i.e. the Assam State Electricity Board . It is, therefore, evident that ASEB did not maintain overhead electric l ine as required under the Electricity Act and rules framed thereunder, due to wh ich the petitioner had lost his son who was above 26 years of age. The right of the petitioner’s son as granted under Article 21 of the Constitution of India, t herefore, was violated because of failure on the part of ASEB to properly mainta in the overhead electric lines. That being the position, the petitioner is entitled to compensation unde r the public law remedy. Learned standing counsel for the ASEB submitted that in terms of office memorandum dated 22nd December 2003 issued by the Board, the petitioner would be entitled to a sum of Rs.1,50,000/-(Rupees one lakh fifty thousand) only as comp ensation. Having considered the aforesaid submission and in totality of the matter , I am of the of the considered opinion that a lump-sum sum of Rs.2,00,000/-(Rup ees two lakh) would be adequate compensation to which the petitioner would be en titled to under the public law remedy. The respondent Board is, therefore, directed to pay the said sum of Rs.2 ,00,000/-(Rupees two lakh) only to the petitioner by account-payee cheque within a period of two months from today, on being duly identified by the learned coun sel representing him. The writ petition is disposed of as indicated above. No costs.