Madhuri Kumari vs State of Jharkhand and Others

S.J. Mukhopadhaya, J.—The writ petition has been preferred by widow of late Ramanuj Prasad for issuance of a writ in the nature of mandamus commanding upon the respondents to forthwith pay compensation to the tune of Rs. 10,00,000/- and to grant order of appointment in favour of petitioner on compassionate ground.

The case of petitioner is that her husband Late Ramanuj Prasad was an Advocate''s clerk (Munsi) of an Advocate of the Hon''ble Jharkhand High Court, having earned of about Rs. 7,000/- per month, On the fateful day i.e. 30.3.2001 when her husband was coming to Hon''ble High Court, he died due to electric shock because of fall of 11000 Volt wire on the road. He was taken to Gandhi Nagar Hospital by the nearby people but he was declared dead. The matter was informed to Kanke Police on the same day when fardbeyan was recorded being Kanke P.S. U.D. case No. 4 of 2001 dated 30.3.2001. The dead-body of the deceased was forwarded to R.M.C.H., Ranchi for Post-Mortem where in-after the dead-body was handed over to the family members for its last rite.

It is stated that the petitioner represented for compensation of Rs. 10,00,000/-and for her compassionate appointment on 5.5.2001, her husband having died because of negligence on the part of the Board but till date no action having been taken, the writ petition has been preferred.

Counsel for the petitioner relied on a decision of the Supreme Court in Madhya Pradesh Electricity Board Vs. Shail Kumari and Others, . In the said case, the Supreme Court taking into consideration Section 19 of the Electricity (supply) Act in a case where a persons electrocuted because of live wire lying on the road, held the liability that on the Electricity Board and directed to pay damages.

In spite of time granted on 26.3.2002, no counter affidavit has been filed on behalf of JSEB.

Having regard to the facts and circumstances, as the matter requires determination by the respondents at first instance, the case is remitted to the Chairman, JSEB, who will determine both the Issues relating to payment of damages and appointment of petitioner on compassionate ground within two months from the date of receipt of representation as may be preferred by the petitioner.

The petitioner will file a representation enclosing the relevant document in support of her claim and a copy of the decision of the Supreme Court reported in 2002 AIR SC 129 alongwith a copy of this order.

The Chairman, JSEB, while deciding the issue, will take into consideration the decision of the Supreme Court as referred above.

In case of any adverse decision, the authority will communicate the ground to the petitioner within the aforesaid period.

The writ petition stands disposed of.