IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15986 of 2005 Reshma Devi, wife of late Bino Yadav, C/o Sunil Yadav, resident of village- Chil Mil, P.S. and District- Begusarai. ..... Petitioner. Versus 1. Bihar State Electricity Board, Patna, through Secretary, Bihar State Electricity Board, Patna. 2. Financial Controller, Bihar State Electricity Board, Patna. 3. General Manager –cum- Chief Engineer, Koshi Area Electricity Board, Saharsa. 4. Executive Engineer, Electric Supply Division, Katihar, District- Katihar. 5. S.D.O. Electric Supply Division, Katihar, District Katihar. ... Respondents. ----------- 10- 19.02.2010 Heard Mr. Pramod Manbansh for the petitioner, and Mr. Om Prakash Singh, learned Assistant Counsel to Mr. Dharmeshwar Mishra for the respondents. The petitioner seeks a direction to the respondents to make payment of a sum of Rs.38,764/-, in the capacity of the widow of late Bino Yadav, by way of compensation with interest. The respondents have placed on record their counter affidavit. 2. A brief statement of facts essential for the disposal of the writ petition may be indicated. Bino Yadav, the petitioner‟s late husband, was in the services of the respondent Bihar State Electricity Board (hereinafter referred to as the „Board‟), and was working as Lineman at Katihar. While on duty, he died on 4.8.1995, on account of electrocution. The 2 Assistant Electrical Engineer, Electric Supply Sub-Division, Urban, Katihar, submitted his report dated 26.8.1995 (Annexure-1) to the appropriate authority about the death of the employee. The relevant portion of the report is reproduced hereinbelow for the facility of quick reference: 7. Brief declaration of the job undertaken if any : He was engaged for maintenance of 33KV, 11KV/DIS/S and LT Line works. On that day he was engaged to rectify the Breakdown work of 11KV just Mill feeder. 10. Description fully nature and extract of injuries e.g. fatal, disablement of any petting of body or other injury etc. Fatal. 3. The petitioner thereafter filed an application under the provisions of the Workmen‟s Compensation Act (hereinafter referred to as the „Act‟), which was allowed by order dated 11.7.1998, passed by the learned Deputy Commissioner-cum- Commissioner under the Act, and a sum of Rs.61,236/- was awarded by way of compensation which had to be deposited within a period of four weeks, failing which interest at the rate of 12% had to be paid. The Board challenged the same by preferring Misc. Appeal No.137 of 1999 (General Manager-cum- Chief Engineer and another vs. Smt. Reshma 3 Devi), which was dismissed by a learned Single Judge of this Court by his order dated 5.12.2000 (Annexure-2). 4. The petitioner also filed an application under the Bihar State Electricity Board Accident Compensation Scheme 1988 (hereinafter referred to as the „Scheme‟), before the Board. The petitioner has been paid a sum of rupees one lac thereunder. Aggrieved by the order, the petitioner has preferred this writ petition and seeks further payment of Rs.38,764/- with interest at the rate of 12%. 5. We have perused the materials on record and considered the submissions of learned counsel for the parties. Paragraph 3(ii) of the Scheme is applicable in the petitioner‟s case and is reproduced hereinbelow for the facility of quick reference: “3(ii). Employees drawing basic pay exceeding Rs.1600/- per month: Where the basic pay of the deceased employee exceeds Rs.1600/- per month, the dependants of such employees shall be paid a sum of Rs.2 lakhs as cash relief which shall be inclusive of the compensation payable under the Workmen‟s Compensation Act. But if compensation under the Workmen‟s Compensation Act exceeds Rs.2 lakhs, no further cash relief shall be paid by the Board. If the deceased employee is not covered under the Workmen‟s Compensation Act, a cash relief of Rs.2 lakhs shall be paid by the Board.” 4 It is thus evident that the heir of the deceased employee will be entitled to maximum amount of rupees two lacs including the amount payable under the Workmen‟s Compensation Act. The admitted position is that the petitioner was paid a total sum of Rs.62,236/- under the Act, and it is equally the admitted position that she has been paid a further sum of rupees one lac under this scheme. Obviously, therefore, the balance sum of Rs.38,764/- is payable to the petitioner, to complete the total sum of rupees two lacs which has not till date been paid to her. 6. Learned counsel for the petitioner also prays for interest at the rate of 12%. The respondent Board has issued its general circular dated 28.2.1997 (Annexure-5) which is headed “Early disposal of claims under the Workmen Compensation Act, 1923 and the Bihar State Electricity Board Accidents Compensation Scheme 1988.” The relevant portion of which is reproduced hereinbelow: “...The employer is liable to pay 12% interest and 50% as penalty on the compensation if it is not sanctioned and paid within one month of the accident.” The amount of compensation not having been paid within a period of four weeks, the Board is liable to pay interest at the rate 12% from the date of death till the date of payment. 5 7. The writ petition is accordingly allowed. Respondent no.3 (General Manager-cum- Chief Engineer, Koshi Area Electricity Board, Saharsa), is hereby directed to forward demand draft carrying the following amounts to the petitioner, within a period of two months from today: (i) Rs.38,764/- (Rupees thirty-eight thousand, seven hudred sixty four); (ii) interest at the rate of 12% on Rs.1,38,764/- from 4.8.1995, till the date(s) of payment(s). (S K Katriar, J.) S.K.Pathak/