SHANTILATA SRICHANDAN Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THE Petitioner is the mother of one Srikanta Kumar Srichandan. Srikanta was a student of +3 Commerce and was prosecuting his studies at Prananath Autonomous College, Khurda. On 20th July, 2007 while he was walking on the road, it is averred, he came in contact with a live electric wire which was hanging over the road and received electric shock. He succumbed to the said shock. It is alleged that due to negligence of the opposite parties the live electric wire had sagged from the pole and was hanging in close proximity to the road. Unfortunately it came in contact with the hands of Srikanta. Due to the premature death of his son, which according to the Petitioner was caused due to utter negligence of the opposite parties, she claimed a sum of Rs. 15,00,000/ -towards compensation.

(2.) IN support of her case, the Petitioner relied upon the copy of the F.I.R. lodged before Khurda Police Station, on the basis of which U.D. Case No. 40 was registered on 20.7.2007. Requisitions given by the Police to the ADMO to conduct post mortem, inquest report and different other documents. Copy of the post mortem report (Annexure -4) reveals that the death was caused due to "complication arising out of high voltage electrocution". The F.I.R. and other documents support the case of the Petitioner to certain extent.

(3.) THE aforesaid submissions were strongly repudiated by Mr. Dash learned Counsel appearing for the opposite parties. According to him the post mortem report reveals that the hands of the deceased sustained burn injuries and not other parts. The said fact gives an impression that while walking on the road Srikanta tried to catch hold of the electric wire, consequently he received shock. Thus, according to Mr. Dash, the entire negligence cannot be attributed to the opposite parties alone, rather, it appears that the deceased tried to catch hold of the live wire and therefore some latches can be attributed also to him. More so, it is submitted that compensation cannot be awarded by a Writ court as it involves adjudication of facts.