ANCHARAN BIBI; MAHAMMAD SHIAB UDDIN; MAHAMMAD RIYAJ UDDIN; MAHAMMAD MAIN UDDIN Vs. CHAIRMAN CUM MANAGING DIRECTOR; GENERAL MANAGER CUM COMPANY SECRETARY; SENIOR MANAGER; SENIOR ELECTRICAL INSPECTOR

JUDGEMENT

(1.) By filing this writ petition, the petitioners prayed for issuing appropriate writ directing the respondents to pay them compensation of Rs.5,95,000/- for the death of Shoukaut Ali, husband of petitioner no.1 and father of petitioner Nos. 2 to 4 who died on 14.01.2006 due to electrocution.

(2.) Heard learned counsel Mr. A. De for the petitioners; learned counsel Mr. D.C. Nath for respondent No. 2 and 3 and learned Counsel Mr. N. Majumder for respondent No. 4.

(3.) It is, inter alia, contended by the petitioners that on 14.01.2006 at about 2.00 p.m. the deceased Shoukaut Ali climbed up a jackfruit tree near his house to pluck some jackfruit leaves for his domestic goats and at that time he came in contact with live electric line which was touching the jackfruit tree and as a result he got electrocuted. The local people brought him down and it was found that he was already dead. The petitioners contended that the respondents did not maintain electric line properly as a result of which it came in contact with the live jackfruit tree and the accident occurred because the petitioner could not notice it and when he climbed up the tree he came in contact with the live electric line got electrocuted. It is further contended by the petitioners that for the death of Shoukaut Ali due to electrocution the Block Development Officer Kumarghat R. D. Block paid compensation of Rs. 10,000/- to the petitioner and a copy of that sanction order has been annexed as Annexure-4 to the writ petition. After the death of Shoukaut Ali an unnatural death case No. 01/06, under Section 174 was Cr.P.C. was registered and post mortem was done over the dead body. Since Shoukaut Ali died due to electrocution because of the negligence of the respondents, the petitioners claimed that they are entitled to compensation.