THE MEGHALAYA ENERGY CORPORATION LTD. Vs. SUKENDRA SANGMA

JUDGEMENT

(1.) This writ appeal is directed against the judgment and order of the learned Single Judge dated 17.04.2014 passed in WP(C) No. 197/2012 wherein and where-under, the learned Single Judge held that the respondent No. 2 (present appellant) and the State of Meghalaya represented by the Commissioner & Secretary, Power Department, Govt. of Meghalaya are liable to pay adequate compensation to the respondent/writ petitioner for the death of the respondent/writ petitioner's daughter-in-law (L) Anita Sangma on 19.02.2012 due to electrocution and ordered that while calculating the compensation, the appellant and the State of Meghalaya are to follow the method of calculation as made in the case of Smti. Skilinda Iawphniaw v. The Meghalaya Energy Corporation Ltd. and others of the High Court of Meghalaya and further directed the appellant and the State of Meghalaya to remove all the high tension electric wire lines from public places as well as from overhead of the residential houses. The domestic lines or street lights line are to be insulated to prevent further damage to any other person or persons and to prevent untimely death of the residents of the State. Besides that Rules laid down for safety measures should be followed strictly as laid down in the different Rules and Acts.

(2.) Heard Mr. S.M. Suna, learned counsel for the appellant and Mr. AS Siddiqui, learned counsel for the respondent/writ petitioner.

(3.) The fact of the case sufficient for deciding the present writ appeal is briefly noted. The respondent/writ petitioner is the father-in-law of the deceased Anita Sangma, who died due to electrocution on 19.02.2012, when she tried to save a lady named Ms. Sital Sangma from the unprotected and uncoated high tension wire. On 19.02.2012, at about 3:30 PM, Anita Sangma and Sheetal Joshi, who were residents of the Three Storied Quarter No. 13 at Police Reserve, Police Bazar Shillong were standing on the terrace of the building. One of them dropped a ten rupees note to the ground. The note got lodged on the upper surface of the projection from the wall on the first floor of the building. Sheetal Joshi attempted to retrieve the ten rupees note with the help of a 1/2" G.I. Pipe, which is normally used in water distribution to houses. After pushing the note which dropped to the ground, she withdrew the G.I. Pipe towards the terrace. As the pipe rotated anti clock wise in her hands and the top edge of the side wall, the part of the pipe which was moving upward came in contact with the topmost conductor after missing the other two vertically placed below. She instantaneously got electrocuted. Seeing her friend in distress, Anita Sangma (deceased) screamed for help and being ignorant of the danger lurking ahead of her, she tried to rescue Sheetal Joshi. Her contact with Sheetal Joshi caused her to be electrocuted as well. Thereafter, Anita Sangma's right leg came in contact with the pipe which was still connected to the H.T. 11 KV line. The short circuit caused heavy spark at the points of contacts. Pinky Sangma upon hearing her sister-in-law Anita Sangma scream for help came rushing and found that Anita Sangma and Sheetal Joshi both of them were lying unconscious on the ground because of electrocution. The victims were immediately shifted to the hospital. The heavy electric shock caused severe burns and charring of flesh in their limbs. Anita Sangma succumbed to her injuries and the doctors in the hospital declared her brought death. Sheetal Joshi survived and was admitted to the ICU of Woodland Hospital, Shillong. After a prolonged treatment, she also expired on 09.07.2012. The post mortem examination of the dead body of the deceased Anita Sangma was conducted on 20.02.2012 in Civil Hospital, Shillong and the Medical Officer, who conducted the post mortem examination opined that the cause of death was due to electrocution and to this effect, an FIR was also lodged on 21.02.2012 and later on a case being Shillong Sardar PS (U.D.) Case No. 14 (2) of 2012 was registered.