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Bhola Thakur v. Bihar State Electricity Board and Ors.

Patna HC28 Mar 2014CWJC/253/2013

Case brief

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What is this about?

The Patna High Court, in a writ petition, directed the Bihar State Electricity Board and the State to pay Rs. 2 lakhs as compensation to the petitioner for the death of his father caused by electrocution due to the Board's negligence. The court also awarded Rs. 10,000 as cost.

What did the court decide?

Directing respondents to pay petitioner Rs. 2 lakhs compensation and Rs. 10,000 cost within four weeks.

Bhola Thakur Vs Bihar State Electricity Board and Ors. — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.253 of 2013

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====================================================== Bhola Thakur S/O Late Yogendra Thakur R/O Village- Chaita Hazam Toli, P.O.- Chaita, P.S.- Pakri Deyal, District- East Champaran .... .... Petitioner/s Versus 1. Bihar State Electricity Board through the Chairman 2. The Chairman Through Bihar State Electricity Board Bailey Road, Patna 3. The Secretary Bihar State Electricity Board, Bailey Road, Patna 4. The Superintending Engineer Bihar State Electricity Board, Motihari, East Champaran 5. The Assistant Engineer Bihar State Electricity Board, Motihari, East Champaran 6. The State of Bihar through Electrical Inspector Department & Energy, Bihar Patna .... .... Respondent/s ======================================================
Appearance : For the Petitioner/s : Mr. Sunil Kumar No.3 For the BSEB Mr. Vinay Kirti Singh Mr. Prakash Kumar For the State Mr. Vivek Prasad
====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
15 28-03-2014 Learned counsel for the petitioner is permitted to correct the date of death of the petitioner’s father.
Heard learned counsel for the petitioner as well as the
counsel for the erstwhile Bihar State Electricity Board, now as Company. The father of the petitioner died of electrocution owing to
negligence in maintenance of the electric wire by the
respondent(s). The petitioner seeks a direction upon the
respondents to pay him compensation amount for the irreparable

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Patna High Court CWJC No.253 of 2013 (15) dt.28-03-2014

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injury/loss suffered by him on account of premature death of his father on 31.08.2011 which was result of negligence on the part of the respondent(s).

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Mr. Vivek Prasad counsel for the State submits that on after making verification of the fact a report has already been submitted before this Court along with the counter affidavit wherefrom it appears that the father of the petitioner had actually died on 3.108.2011 due to falling of electric wire on him.

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Learned counsel for the Respondent-Board submits that as per the policy of the Board the petitioner would be entitled to get a sum of Rs. one lakh considering the date of death of the father. The said ex-gratia/compensation amount has now been enhanced to Rs. two lakhs. Admittedly, whatever amount by way of compensation the petitioner was/is entitled to has not been paid to him. For payment thereof the petitioner had to fight litigation inasmuch as even the compensation amount permissible to him has remained unpaid to the petitioner till date. Death of father of the petitioner due to falling of electric wire is not in dispute. No amount of compensation till date has been paid to the petitioner.

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Considering the facts and circumstance of the case, this Court directs the respondents to pay the highest value of compensation amount as per the policy decision of the Board to

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Patna High Court CWJC No.253 of 2013 (15) dt.28-03-2014

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the petitioner. Counsel for the Respondent-Board informed that as per the present policy decision any one dying of electrocution due to negligence on the part of the respondents is entitled to payment of compensation amount in the sum of Rs. 2 lakhs. In the ends of justice, I direct the respondents to pay the petitioner the compensation amount in the sum of Rs. two lakhs within four weeks from the date of receipt/production of a copy of this order failing which the petitioner shall also be entitled to payment of

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Rs. 10,000/- as the cost in addition to the aforesaid amount.

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(Kishore Kumar Mandal, J)

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HR/-

Bhola Thakur v. Bihar State Electricity Board and Ors.

Case brief

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Bhola Thakur v. Bihar State Electricity Board and Ors.

Case brief

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