Disposed

Smt. Ranju Devi v. The State Of Bihar Through The Chief Secretary, Bihar, Patna and Ors.

Patna HC14 Oct 2014CR. WJC/702/2013

Case brief

AI extract

What is this about?

Petitioner sought FIR regarding electric shock causing injury to her husband. Court held compensation of one lakh granted as no-fault liability does not admit criminal allegations. Proceeding disposed after confirming cheque issued to husband to receive funds.

What did the court decide?

Confirming the issuance of a cheque for one lakh rupees to the injured husband as compensation on no-fault liability grounds.

Smt. Ranju Devi Vs The State Of Bihar Through The Chief Secretary, Bihar, Patna and Ors. — Patna HC (2014) — LawSathi Research

¶1

Patna High Court Cr. WJC No.702 of 2013 (12) dt.14-10-2014

¶2

1/3

¶3

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶4

Criminal Writ Jurisdiction Case No.702 of 2013

¶5

====================================================== 1. Smt. Ranju Devi Wife of Sri Dhiraj Kumar Gosain Resident Of Village - Mahna Tara, Police Station - Motipur, District - Muzaffapur .... Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Bihar, Patna 2. The Director General of Police, Bihar Patna 3. The Superintendent of Police, Muzaffarpur, District - Muzaffapur 4. Officer-In-Charge, Motipur, Police Station, District - Muzaffapur 5. The Bihar State Electricity Board, Through Its Chairman, Vidyut Bhawan, Bailey Road, Patna 6. Engineer - In -Chief, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 7. Electrical Executive Engineer, Bihar State Electricity Board, Bhagwanpur, Muzaffarpur, District - Muzaffarpur 8. The Electrical Superintending Enginner, Bihar State Electricity Board, Bhagwanpur - Muzaffapur, District - Muzaffapur 9. The Assistan Electrical Engineer, Bihar State Electricity Board, Motipur, District - Motipur 10. Kanchan Kumar, Junior Engineer, Bihar State Electricity Board, Motipur, District - Muzaffapur 11. Sunil Kumar, Switch Board Operator, Bihar State Electricity Board, Motipur, District - Muzaffapur 12. The Superintendent, Patna Medical College and Hospital, Patna 13. Dr. Vidya Prasad Choudhary, Head Of the Department, Burn Department, Patna Medical College 14. The Officer in Charge, Police Station- Pirbahore, Patna, District - Patna .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Veena Kumari Jaiswal, Adv. For the Respondents : Mr. Rishiraj Sinha, Adv. for the Board ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 12 14-10-2014 Heard learned counsel for the petitioner and the Board. The petition is filed for a direction for lodging a first information report alleging therein that one Sunil Kumar, Switch Board Operator, respondent no. 11, an official of the Bihar State Electricity Board, Motipur, Muzaffarpur, came to husband of the petitioner, a private electric mechanic, and took him to Kanchan Kumar, Junior Engineer, Bihar State Electricity Board,

¶6

Patna High Court Cr. WJC No.702 of 2013 (12) dt.14-10-2014

¶7

2/3

¶8

respondent no. 10, who directed to repair the transformer and compelled to do the electric work, assuming that there is no line, so worked without adopting the safety measure and due to lapse the husband of the petitioner got seriously injured by electric current and his right had to be imputed.

¶9

The counter affidavit filed on behalf of the Bihar State Electricity Board in which the fact, alleged, was denied as alleged in the manner of the implication of the officials of the Bihar State Electricity Board. However, the first information report lodged, so far the question of compensation is concerned.

¶10

However, after hearing the parties, this Court by order, dated 18.04.2014, ordered that since the criminal case has been instituted, hence, the part of the grievance of the petitioner having been meted out. However, with regard to compensation a suggestion was given by the counsel for the Bihar State Electricity Board that the husband of the petitioner may file a petition with his certificate of disability for compensation on compassionate ground regarding injury by electricity and the Court observed to decide the issue in its finality within six months.

¶11

The learned counsel for the Bihar State Electricity Board has filed a supplementary counter affidavit that test identification chart the fact as alleged that the husband of the petitioner has been injured by electric shock and test identification chart that no fault liability a compensation of rupees one lakh has been made in view of the direction of this Hon’ble Court on compassionate ground and it has been intimated that rupees one lakh has been granted as compensation to the husband of the petitioner, i.e., Dhiraj Kumar Gosain, and the cheque has been issued in his name and has also stated that it has been

¶12

Patna High Court Cr. WJC No.702 of 2013 (12) dt.14-10-2014

¶13

3/3

¶14

communicated to the husband of the petitioner to appear before the General Manager (H.R/Admn.), North Bihar Power Distribution Company, Vidyut Bhawan, Bailey Road, Patna, to receive the cheque. The learned counsel for the Board has ensured that the cheque has been prepared and the day the husband of the petitioner present himself, before the General Manager (H.R/Admn.), North Bihar Power Distribution Company, Vidyut Bhawan, Bailey Road, Patna, along with his proof of identification to collect the cheque, he will be handed over the cheque.

¶15

However, it is made clear that merely paying the amount does not amount that the respondents are admitting the allegation, made in the first information report, and it will not prejudice both parties and payment be made as no fault liability by the Bihar State Electricity Board and the investigation of the case may be expedited.

¶16

With these observations and directions, this petition is disposed off .

¶17

(Gopal Prasad, J)

¶18

SA/-

¶19

U U

Smt. Ranju Devi v. The State Of Bihar Through The Chief Secretary, Bihar, Patna and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Ranju Devi v. The State Of Bihar Through The Chief Secretary, Bihar, Patna and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Nisha @ Nisha Kumari Vs the State of Bihar and Ors.

Kameshwar Rajak Vs The State Of Bihar and Ors.

Karan @ Banti Kumar Singh Vs State of Bihar

Anand Kumar @ Babloo Kumar @ Babloo Vs The State Of Bihar

Mukesh Das Vs The State Of Bihar

Jailal Prasad Yadav @ Jailal Prasad Vs State Of Bihar and Anr.