Sadashiva Rao and Geetha Bai vs The Managing Director, The Divisional Officer and The Assistant Executive Engineer

A.N. Venugopala Gowda, J.—Petitioners are the parents of late Keshava Rao. According to the petitioners, on 03.05.2010, at about 8.00 a.m. when Keshava Rao was involved in agriculture work in land bearing Sy. No. 995 of Hunsur, Kasaba Hobli, Mysore Dist, due to electrical grounding through half pole service main wire, on account of the negligence of the respondent-Company, Keshava Rao was electrocuted and died at the spot. A complaint was lodged before the Sub-Inspector of Hunsur Rural Police Station, who registered a case in FIR No. UDR 26/2010 for the offence punishable under S.174 of Cr.P.C. Investigation having been conducted, a charge-sheet has been filed. 1st petitioner has submitted a representation vide Annexure-E, to the 1st respondent, to pay compensation of Rs. 7,00,000/-. Alleging arbitrariness and inaction on the part of the respondents, this writ petition has been filed to direct the respondents to pay compensation of Rs. 7,00,000/- with interest, for the death of Keshava Rao due to electrocution, allegedly due to the negligence on the part of the respondent-Company.

Undeniably, representation of the 1st petitioner has not been considered and a decision has not been taken by the 1st respondent or the competent authority. The said representation has been submitted on 31.08.2012 and this writ petition was filed on 22.02.2013. The respondent or the competent authority ought to have considered the said representation and informed the outcome to the petitioner. There is inaction.

Since the claim of the petitioner is required to be examined and a decision taken either by the 1st respondent or by the Executive Engineer (Electrical), CESCOM, I deem it appropriate to direct the Executive Engineer, CESCOM to examine the claim of the petitioner vide Annexure-E and take a decision with regard to the payment or otherwise of the compensation amount to the petitioners, expeditiously and within a period of twelve weeks from the date a copy of this Order becomes available. Petitioners are directed to submit a copy of Annexure-E along with a copy of this Order to the Executive Engineer (Electrical), CESCOM, Hunsur Division. Depending upon the decision of the said Authority, the 1st respondent shall take further steps. The petitioners be made known of the outcome, without any delay.

Writ petition is disposed of accordingly.

No costs.