- (1.) In this writ petition under Article 226 of the Constitution of India, the petitioner has prayed, inter alia, for a direction to the opposite parties to pay compensation for the injury sustained by him due to electric shock.
(2.) Shorn of unnecessary details, the short facts of the case of the petitioner are that on 4.12.2012 at about 8 P.M while he was coming to his house from the work place on the way, an 11 KV line, which was passing overhead snapped and fell upon him. He sustained burn injury on various parts of his body. Immediately he was shifted to Dharmasala PHC. Thereafter, he was referred to SCB Medical College & Hospital for treatment. Since no bed was available in I.C.U and his condition became serious, he was shifted to the Prime Hospital, Link Road, Cuttack. With this factual scenario, this petition has been filed.
(3.) Pursuant to issuance of notice, a counter affidavit has been filed by the opposite parties stating therein that on 4.12.2012 one drumstick tree which was 10-12 feet away from the 11 KV line fell down as a result of which the conductor was snapped. One Mahendra Kumar Mallick came in contact with the live conductor and sustained injuries. The Junior Manager, Electrical, Kabatabandha lodged FIR before the IIC, Jenapur Police Station on 5.12.2012. It is further stated that the owner of the drumstick tree is the necessary party to the lis. There is absolutely no negligence on the part of the NESCO authority in maintaining the electric line.;