G. T. Nanavati, J. - (1.) Leave granted. Heard learned counsel for the parties.
(2.) In this batch of 10 appeals the question which arises for consideration is whether the High Court was justified in exercising its power under Article 226 of the Constitution and awarding compensation to the writ petitioners even though the appellants - who were the respondents in the said writ petitions - had denied their liability on the ground that the death had not occurred as a result of their negligence, but because of an act of God or of acts of some other persons.
(3.) In view of the final order that we propose to pass it is not necessary to state the facts of all these cases. We shall, therefore, narrate the facts of only one case - the Civil Appeal arising out of SLP (C) No. 5909 of 1998. A writ petition being O.J.C. No. 3351 of 1997 was filed by one Sukamani Das claiming to be the widow of Pratap Chandra Das of village Odangi seeking compensation for the death of her husband due to electrocution. It was averred in the writ petition that on 4-8-1996 Pratap Chandra Das, while he was proceeding from his village to another place for marketing, decided to return to his village as dark clouds gathered in the sky and, there were thunderbolts also. While he was returning it had started raining and when he was walking along the Gosipatna-Amara road he came in contact with an electric wire which was lying across the road after getting snapped from the overhead electric line. It was further averred that the electric wire had snapped because of the negligence of the GRIDCO and its officers (the appellants) in not properly maintaining the electricity transmission line and, therefore, they were liable to pay damages for their negligent act. In support of her claim the petitioner had produced a copy of the F.I.R., the inquest report and the post-mortern notes. It was further stated that even though she had made representations to the GRIDCO for payment of compensation it had disputed its liability and refused to pay any compensation. She claimed compensation of Rs. 3,00,000/- for the death of her husband, as her husband was 53 years old when he died, was running a grocery shop and earning Rs. 3,000/- per month. In their counter-affidavit the appellants stated that because of the thunderbolt and lightening one of the conductors of the 12W L.T. line had snapped even though proper guarding was provided. As soon as the information regarding the snapping of line was received from the Line-helper residing at village Amara the power was disconnected. The officers of the appellant had thereafter rushed to that spot and had noticed that one shackle insulator had broken due to lightening and the conductor had also snapped from that shackle insulator along with the guarding and the sub-station fuse had also blown out. It was further stated in their counter-affidavit that on inquiry the officers had learnt that Pratap Chandra Das had died due to lightening and not because he had come in contact with the snapped live wire. It was stated by way of defence that the 12W L.T. line had snapped because of an act of God and not because of any negligence on the part of the appellant and its officers. Thus, the appellants had denied the fact that Pratap Chandra Das had died as a result of coming into contact with the live electric wire and also raised a defence that even if Pratap Chandra Das had died as a result of coming into contact with the live electric wire it was a pure case of accident arising out of an act of God and his death was not because of any negligence on the part of the appellant and its officers in maintaining the transmission line. It was also contended before the High Court on behalf of the appellants that the writ petition was not a proper remedy as the facts stated by the writ petitioner were disputed by them and the dispute between the parties could not be decided without evidence being led by both the sides. The High Court, however, decided to proceed with the matter on its merits and awarded compensation of Rs. 1,00,000/- for the following reasons: "Patiently, we have considered the submissions made by the respective parties. On perusal of the record, Police report and the post-mortem report our clear finding is that death of the deceased was due to coming in contact with 3 charged electric wire which was lying across the village path after being snapped off, without being attended and thus the Grid Corporation was negligent. The petitioner is legally entitled to the compensation due to death of her husband. From the averments in the writ petition, which do not appear to be controverted, it transpires that the deceased was the only bread-earner of the family and he died leaving behind the petitioner. Regard being had to the social status including potentiality, dependency of the family and the quantum of compensation claimed we are of the view that a consolidated compensation of rupees one lakh will be the appropriate amount." ;