IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.622 of 2006 Nathun Ram Son of Late Bodhi Ram, resident of village- Karpi Dih, P.S. Karpi, District Arbal ……… Petitioner Versus 1. The Bihar State Electricity Board through its Chairman, Vidyut Bhawan, Bailey Road, Patna 2. The Chairman, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 3. The Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 4. The Executive Engineer, Electric Supply Office, Kako Road, Jahanabad …………. Respondents For the petitioner :M/s Arun Kumar & Sanjay Kumar Sharma, Advocates For the BSEB :M/s Vinay Kirti Singh & Vijay Kr. Verma, Advocates 02/ 18.01.2011 Heard learned counsel for the petitioner, Bihar State Electricity Board (hereinafter referred to as the “Board”), who prays for time to seek instruction in the matter, but considering the nature of the order, which this Court is proposing to pass, such prayer is refused. 2. Petitioner is the father of Mithilesh Mochi, who died of electrocution on 6.8.2001 between 4.30- 5.30 A.M., which is evident from the First Information Report of U.D. Case No. 4 of 2001 dated 6.8.2001, Annexure-1 to this application. After completing the investigation, final report was submitted in the aforesaid U.D. case, which is dated 15.3.2002 and is contained in Annexure-5 to this - 2 - application. Perusal of Annexure-5 indicates that son of the petitioner died of electrocution and such finding has been recorded in the final report on the basis of the findings noticed in the inquest, post-mortem report of the deceased. After the incident of electrocution, petitioner requested the local authorities of the Board to grant him compensation, but such request was not adhered to, whereafter he submitted a representation before the Chairman/ Secretary of the Board, which is dated 20.7.2004 and is contained in Annexure-7 to this application. Perusal of Annexure-7 indicates that the same has been received by the authorities of the Board on 20.7.2004. Petitioner has also produced postal certificate dated 2.8.2004 showing dispatch of the representation dated 20.7.2004 to the Chairman, Secretary of the Board. 3. It is submitted on behalf of the petitioner that when the superior authorities of the Board also did not consider the request of the petitioner for grant of compensation in lieu of electrocution of his son, he filed the present writ petition on 16.1.2006 praying, inter alia, to direct the authorities of the Board to pay compensation for - 3 - the act of negligence in permitting the live wire to remain on the road which led to electrocution of the son of the petitioner. 4. Counsel for the Board opposed the aforesaid prayer. He states, with reference to the judgment of the Hon’ble Supreme Court in the case of SDO, Grid Corporation of Orissa Ltd. and others versus Timudu Oram, reported in (2005) 6 Supreme Court Cases 156, that High Court should not commit error of entertaining writ petition under Article 226 of the Constitution of India for grant of compensation even in the case of the victim dying on account of electrocution by coming in contact with live wire of the electric transmission. The High Court should direct the relative of the victim to approach the Civil Court of competent jurisdiction for claiming damages. 5. In rejoinder, counsel for the petitioner submitted that electrocution of the son of the petitioner took place on account of negligence of the authorities of the Board on 6.8.2001 when the Indian Electricity Act, 1910 (hereinafter referred to as the Act) was in operation and in terms of Section 33 of the Act, the Electrical Inspector is authorized - 4 - to enquire into the causes of death on account of electrocution and in case the Electrical Inspector is of the opinion that the death of the son of the petitioner has been caused on account of negligence of the authorities of the Board, appropriate orders for payment of damages may be passed by the Chairman of the Board. 6. Having heard counsel for the parties, I grant liberty to the petitioner to file representation before the Electrical Inspector, Bihar annexing copy of the First Information Report dated 6.8.2001 and the final report dated 15.3.2002. With reference to the contents of the aforesaid documents, the Electrical Inspector should enquire into the cause of death of the son of the petitioner and submit report to the Chairman of the Board. If a finding of negligence on the part of the authorities is recorded by the Electrical Inspector, the Chairman of the Board should pay adequate compensation to the petitioner. 7. Appropriate finding be recorded by the Electrical Inspector with a copy to the Chairman of the Board, as early as possible, in any case within two months from the date of receipt of the representation annexing the order of this - 5 - Court, the First Information Report dated 6.8.2001 and the final form dated 15.3.2002. The Chairman should pass appropriate order on the report of the Electrical Inspector, as early as possible, in any case within one month from the date of its receipt. 8. The writ petition is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)