DINABANDHU GOUDA Vs. CHAIRMAN, GRIDCO AND OTHERS
LAWS(ORI)-2015-10-60
HIGH COURT OF ORISSA
Decided on
October 16,2015
Dinabandhu Gouda
Appellant
VERSUS
Chairman, Gridco And Others
Respondents
Referred Judgements :-
NIRMAL NAYAK AND OTHERS V. CHAIRMAN-CUM-MANAGING DIRECTOR,GRID CORPORATION OF ORISSA LTD. AND ANOTHER [REFERRED]NALINI PRADHAN AND OTHERS V. CHIEF EXECUTIVE OFFICER,CESCO AND OTHERS [REFERRED]
GUJARAT STATE ROAD TRANSPORT CORPORATION AHMEDABAD VS. RAMANBHAI PRABHATBHAI [REFERRED]
CHARAN LAL SAHU RAKESH SHROUTI RAJKUMAR KESWANI NASRIN BI VS. UNION OF INDIA [REFERRED]
WEST BENGAL STATE ELECTRICITY BOARD VS. SACHIN BANERJEE [REFERRED]
CHAIRMAN GRID CORPORATION OF ORISSA LIMITED GRIDCO VS. SUKAMANI DAS [REFERRED]
KAUSHNUMA BEGUM VS. NEW INDIA ASSURANCE COMPANY LIMITED [REFERRED]
M S GREWAL VS. DEEP CHAND SOOD [REFERRED]
M P ELECTRICITY BOARD VS. SHAIL KUMARI [REFERRED]
S VS. TIMUDU ORAM [REFERRED]
EXECUTIVE ENGINEER ELECTRICITY M AND RE DIVISION AWANTIPORA ANANTNAG VS. MOHMMAD ASHRAF BHAT [REFERRED]
NALINI PRADHAN VS. CHIEF EXECUTIVE OFFICER, CESCO [REFERRED]
JUDGEMENT
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(1.)The petitioner, who is owner of she-buffaloes, has filed this application seeking for a direction to opposite parties to pay compensation of Rs. 1,00,000/- for the death of three she-buffaloes due to electrocution.
(2.)The short fact of the case, in hand, is that when the petitioner's son was taking three she-buffaloes for grazing on the village road, due to the negligence of the opposite parties, live electric wire snapped on three she-buffaloes, who died instantaneously at the spot on 18-10-1998 at about 6.30 a.m., as a result of which a case was lodged in the Aska Police Station bearing Aska P. S. Case No. 157 of 1998, which was registered under Section 258/427, I.P.C. The police took up investigation and examined the witnesses and owner of the she-buffaloes. During investigation, the I.O. found that due to negligence of the lineman, who was in-charge of the electric line, Babanpur, such mishap took place and charge-sheet No. 179 of 1998 was submitted against the line man under Section 285/427, I.P.C. to stand his trial in the Court of law. The police paper, shows that the death of the she-buffaloes was due to electrocution. In the post-mortem, which was conducted on the dead bodies of those three she-buffaloes, it was pointed out that the cause of death was due to heavy electric shock. Hence a claim of compensation of Rs. 1,00,000/- has been made for the death of the three she-buffaloes due to electrocution.
(3.)Ms. S. Mishra, learned counsel on behalf of Mr. M. Mishra, learned Senior Counsel for the petitioner stated that from the investigation caused by the I.O. pursuant to the FIR under Section 285/427, I.P.C. read with post mortem report, it appears that the death of three she-buffaloes was caused due to heavy electric shock and such mishap took place due to the negligence on the part of the authority and therefore, the petitioner is entitled to get compensation as claimed. To substantiate his contention he has relied upon the judgment in Nalini Pradhan and others v. Chief Executive Officer, CESCO and others, 2014 1 OrissaLR 546.
(2.)The short fact of the case, in hand, is that when the petitioner's son was taking three she-buffaloes for grazing on the village road, due to the negligence of the opposite parties, live electric wire snapped on three she-buffaloes, who died instantaneously at the spot on 18-10-1998 at about 6.30 a.m., as a result of which a case was lodged in the Aska Police Station bearing Aska P. S. Case No. 157 of 1998, which was registered under Section 258/427, I.P.C. The police took up investigation and examined the witnesses and owner of the she-buffaloes. During investigation, the I.O. found that due to negligence of the lineman, who was in-charge of the electric line, Babanpur, such mishap took place and charge-sheet No. 179 of 1998 was submitted against the line man under Section 285/427, I.P.C. to stand his trial in the Court of law. The police paper, shows that the death of the she-buffaloes was due to electrocution. In the post-mortem, which was conducted on the dead bodies of those three she-buffaloes, it was pointed out that the cause of death was due to heavy electric shock. Hence a claim of compensation of Rs. 1,00,000/- has been made for the death of the three she-buffaloes due to electrocution.
(3.)Ms. S. Mishra, learned counsel on behalf of Mr. M. Mishra, learned Senior Counsel for the petitioner stated that from the investigation caused by the I.O. pursuant to the FIR under Section 285/427, I.P.C. read with post mortem report, it appears that the death of three she-buffaloes was caused due to heavy electric shock and such mishap took place due to the negligence on the part of the authority and therefore, the petitioner is entitled to get compensation as claimed. To substantiate his contention he has relied upon the judgment in Nalini Pradhan and others v. Chief Executive Officer, CESCO and others, 2014 1 OrissaLR 546.
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