GOKUL MALLIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Mr. Nayak, learned advocate appears on behalf of petitioner. He had moved the petition on 6/12/2021 to submit, son of his client died by accident. The deceased was working in an 'Off' shop, when there was high wind. The roof fell down and caused head injury. Owner of the shop took the injured to hospital but he expired two days later. Today he submits, his client is entitled to ex-gratia but has been denied. He draws attention to page 21 in the writ petition, being enclosure to order dtd. 1/6/2015 issued by Government of Odisha Revenue and Disaster Management Department (Special Relief), entry no.9. He submits, cause of death stands covered by said entry and compensation payable is Rs.4,00,000.00(Rupees four lakhs only).

(2.) Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State. He draws attention to annexure-B/4 in the counter. Relying thereon he submits, the report says, petitioner had admitted that on 24/5/2017, while his son was working in the shop, all of a sudden a tin sheet of the liquor shop roof fell down on his head, which caused serious head injury, leading to his death. The report also says eye witness Sri Sibaji Sahoo owner of the shop, admitted that the whole incident was accidental and not out of natural catastrophe or disaster. Paragraph 6 from the report is reproduced below.

(3.) The police filed final report dtd. 14/3/2018 regarding investigation into cause of death. It appears from the report, Khandagir P.S. Case no.99 dtd. 25/5/2017 stood registered on information given by one Gouranga Mallick. The accident happened on 22/5/2017. The victim was shifted to hospital, where he died on 24/5/2017. Information to the police was given after the death, on 25/5/2017, i.e., on the 3rd day from the date of accident. Information given on the 3rd day from date of accident was that on 22/5/2017, a cyclonic storm took place in their area, which caused to fall down the house asbestos sheet, which hit victim on the head and he got serious injury. The police personnel filing the final report said he examined informant and other available witnesses, recorded their statements under sec. 161, Code of Criminal Procedure and visited the spot to hold inquest.