S. Talapatra, J. - (1.)BY means of this writ petition, the petitioners who lost their only earning member in their family have approached this Court for adequate compensation to the extent of Rs. 4,05,820/ - (Rupees four lacs Eight Hundred Twenty) along with interest for his death by way of electrocution from a electrical transformer, set up in the paddy field admittedly by the respondents. According to the petitioners, for sheer negligence of the respondents No. 2, 3, 4 and their officers, the said transformer conducted electricity in the unassuming part of the transformer. When the deceased namely, Shyamal Acharjee, husband of the petitioner No. 1, father of the petitioner No. 2, son of the petitioner No. 3 went to bring a harrow from his own land he got electrocuted from the said transformer installed in the northeast corner of his land. He died on the spot on 29.04.2007 in the early mooring at about 5.30/6.00 am.
(2.)THE petitioners have appended with the writ petition the death certificate dated 21.05.2007 and the post -mortem examination report wherefrom it appears that the deceased died for cardiac respiratory failure following electrocution, accidental in nature. The petitioners have also filed the police report, filed in the U.D. case No. 04/2007 under Section 174 of the Cr.P.C.
The respondents have denied any negligence from their part. They have stated that it is for the negligence of the deceased, he got electrocuted. The respondents conducted an enquiry by one Electrical Inspector, Government of Tripura and the report of enquiry has been appended with the counter affidavit. According to the said report, Shyamal Acharjee, since deceased, climbed by a ladder which was found lying beneath the poles mounted Sub -station. The ladder is used for operating G.O. switch system. While he attempted for replacement/operating fuse element/G.O. switch suddenly he fell down on the earth due to electrocution. A flushing spot was observed at the connecting point of the G.O. switch connecting pipe and the transformer base channel.

It has been further observed in the said report, he had no knowledge about supply of disturbing Sub -Station. He did not intimated to the concerned department and did not take any precautionary measure before attending the job. As a result, he had received electric shock and died due to electrocution. Thus the respondents have asserted that the victim had breached the provisions of Rule 36 of the Indian Electricity Rules, 1956 whereby without safety measures, no person is has been permitted to work on any live electric supply line or apparatus, unless authorised or safety measures are approved by the Inspector.

(3.)BY also raised serious objection regarding maintainability of the writ petition inasmuch as an appropriate remedy is available under the provisions of Fatal Accident Act. In existence of such efficacious remedy this Court may not adjudicate the highly disputed facts as referred in the writ petition.