WP(C) 6958/2002 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Mr. M.H. Ahmed, learned counsel for the petitioner. Also heard Mr. D. Bhat tacharjee, learned counsel appearing for respondent Nos. 1 to 4. 2. In this case compensation is claimed for the death of Mrs. Tara Bhanu ag ed 32 years and Ms. Joytun Nessa aged 19 years, the wife and daughter respective ly of the petitioner, who died on 6.9.98 because of an electrical accident alleg edly because of the fault of the respondent ASEB. 3. A statutory report has been furnished by the Deputy Chief Electrical In spector on 31.5.04 pertaining to the electrical accident, whereby it is confirme d that deceased(s) died due to electrocution. In the report the possible cause o f the accident has been recorded as follows: - Possible cause of the accident: From the above it is found that an 11 KV line i s drawn to fed power to the Bandali village. The clearance of the line from the ground level generally remains in order. It appears that on the day of the acci dent, due to flood the water level rose and the clearance from the line and the water level became dangerously low. As a result while returning home on a boat, the victim might have came in contact with the High voltage line and got electro cuted. As per ASEB, the line was already switched off during the time of occurre nce of the accident. As per the Surgeon’s opinion in the Post Mortem report of t he victims, ’the cause of death is due to stoppage of respiratory c enter and Ca rdiac arrest’. However the Surgeon in his detail description mentioned about pos sibility of electric burn in the both Post Mortem reports. 4. The Inquiring Authority concluded that although on account of the flood the distributor had got the power line discharged since 4 P.M. on the date of ac cident i.e. 6.9.98, some miscreants might have unlawfully energized the supply l ine, but it was the responsibility of the ASEB to ensure that the line is not en ergized by any means, once it is disconnected. In view of this conclusion, the r esponsibility of the ASEB Authorities is found to be established. 5. The question that now has to be addressed is the quantum of compensation that should be paid to the petitioner for the loss of his wife and daughter. Mr . Bhattacharjee, learned counsel for the distributor place reliance on the ASEB Office Memorandum dated 22.2.08 to submit that since one of the victim is less t han 20 years and the other between 20 to 55 years, the compensation payable for them is limited to Rs.1,00,000/- and Rs.1,50,000/- respectively. 6. While rate of compensation payable has been stipulated by the Board, con sidering the fact that the compensation has not been paid within reasonable time , although the delay may have been occasioned also by the delayed statutory repo rt, some additional amount in my view, ought to be paid to the claimant, who los t his wife and daughter through the electrical accident. 7. Accordingly, considering all the attending circumstances, the respondent s 1 to 4 are directed to pay Rs.2,00,000/- for the death of Mrs. Tara Bhanu aged 32 years and 1,50,000/- for the death of Ms. Joytun Nessa aged 19 years. Thus, a total amount of Rs.3,50,000/- is ordered to be paid to the petitioner as comp ensation for the electrocution death of his wife and daughter. This amount shou ld be deposited by the ASEB with the Registrar General within 8 weeks from today . 8. The Registrar General on proper identification would facilitate the peti tioner to receive the said amount. The case is disposed of accordingly.