IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5196 of 2006 DEOWASHIYA DEVI, W/O- LATE JITAN YADAV, R/O- VILLAGE- GANGATI, P.S.- AURANGABAD TOWN, DISTT. AURANGABAD, BIHAR :--- PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. THE CHAIRMAN, BIHAR STATE ELECTRICITY BOARD, PATNA. 3. THE SECRETARY, BIHAR STATE ELECTRICITY BOARD, PATNA. 4. THE EXECUTIVE ENGINEER, BIHAR STATE ELECTRICITY BOARD, AURANGABAD, BIHAR. 5. THE DISTRICT MAGISTRATE, AURANGABAD :---RESPONDENTS. ----------- For the petitioner : Mr. Rajendra Prasad Singh, Senior Advocate Mr. Rajeev Kumar Singh, Advocate. For the Respondent(s) : Mr. Vinay Kirti Singh, Advocate. Mr. Akhileshwar Singh, Advocate. For the State : Mr. Indeshwari Pd. Mandal, A.C. to G.A.-7. ====== 2. 17.03.2011. Heard learned counsel for the petitioner, State and the counsel for the Bihar State Electricity Board, Patna (hereinafter referred to as the “Board”). 2. Petitioner is the widow of late Jitan Yadav who suffered electrocution while proceeding for easing himself as he came into contact with a live wire in the field and died. In this connection, First Information Report bearing Aurangabad Town P.S.Case No. 68 dated 11.2.2005, Annexure-1 was also lodged for the offence under Sections 287, 304A of the Penal Code against unknown. From the post mortem report conducted on the person of late Jitan Yadav it appears that the death was caused by respiratory failure due to high voltage - 2 - electric current. Later, Final Form was submitted finding the offence under Section 287/304A to be true but the accused could not be identified and Final Form dated 30.6.2005 was submitted . After submission of the Final Form petitioner requested the concerned Executive Engineer of the Board to consider her case for grant of compensation as her husband, the bread winner of the family, died on account of electrocution after coming into contact with a live wire lying in the field. 3. It is submitted by the counsel for the Board that the request of the petitioner made before the Executive Engineer, Annexure-4 could not be considered by the Executive Engineer as he has no jurisdiction in terms of the Electricity Act, 2003 to consider such claim for compensation. Learned counsel also states that the jurisdiction to consider the claim of the dependents of the victim of electrocution for grant of compensation is vested in the Electrical Inspector of the State Government who is authorized to find out whether the husband of the petitioner died on account of negligence on the part of the Board or otherwise. 4. Having heard counsel for the parties, I direct the petitioner to approach the Electrical - 3 - Inspector with a fresh representation annexing the copy of the First Information Report, post mortem report and the Final Form, whereafter the Electrical Inspector shall enquire into the matter and record a finding as to whether husband of the petitioner died on account of negligence of the Board as the authorities of the Board allowed the live wire with current flowing therein to remain lying in the field. In the event such finding is recorded by the Electrical Inspector, same shall be forwarded to the competent authority of the Board for payment of compensation to the petitioner, as early as possible, in any case within a period of two months from the date of receipt of the representation along with a copy of this order before the Electrical Inspector. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)