In a writ petition, the Patna High Court enhanced compensation from Rs.2,00,000 to Rs.3,50,000 awarded by the Electricity Board for the electrocution and death of the petitioner's son, deeming the original amount insufficient to mitigate the family's loss.
Compensation increased to Rs.3,50,000 to be paid within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5297 of 1996
=========================================================== Shri Ram Kumar Sah son of Sri Ram Chandra Sah, R/o village Sarai (Matiyaratok) P.O. & P.S. Sarai district Vaishali.
.... .... Petitioner/s Versus State of Bihar & Ors .... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar- I & Mr. S.P.Singh, Adv. For the Board : Mr. Vinay Kirti Singh, Adv. Mr. Vijay Kumar Verma, Adv. For the State : Mr. Skushant Praveen, AC to SC-27. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 09-02-2015 Shivaji Pandey,J Heard counsel for the petitioner and the respondents.
In the present case, petitioner has claimed compensation for
Rs.5,00,000/- (five lacs) on account of death of his only son died of electrocution.
On 15th January 1996, Sanjay Kumar, the only son of the petitioner while he was going on by a bicycle through Jagdambaha road come in contact with live electric wire which was lying on the road and the boy was electrocuted causing death on the spot.
It is submitted that the death occurred due to gross negligence on the part of the Electricity Board as the respondent Board has not taken proper steps for preventing the accident.
Counsel for the petitioner has submitted that the victim boy was aged 20 years and was a student of Bachelor of Science . He passed Matriculation Examination in the 1st Division from the Bihar School Secondary Examination Board, I.Sc. with higher 2nd Division marks and was prosecuting his study in B.Sc. . Claim has been made that he was very energetic and intelligent, was the only source and hope of the family. He had to appear in the Banking Examination which was to be held on 4th February 1996 and in case of
Patna High Court CWJC No.5297 of 1996 dt.09-02-2015
2/2
selection, he would have been getting a pay of Rs.5,000/- per month as salary
from the Bank.
The said incident was registered as U.D. Case No. 1 of 1996
dated 15th January 1996.
Counter affidavit has been filed by the respondents wherein it has been mentioned that the accident had taken place due to storm in the night of 14/15th January 1996 as the wire of L.T. Line was broken and fallen down on the ground which caused electrocution of the boy and it is further submitted that no information about the breakage of wire was given to the respondent Board.
The death of the boy is not in dispute as well as the cause of death and also that the boy was a student of Bachelor of Science and was going to appear in the Banking Examination very shortly. He was the only son of the petitioner and was the only hope to their future and the death occurred due to electrocution on account of negligence on the part of Electricity Board.
As the petitioner has suffered a lot due to death of his son and the petitioner has claimed Rs.5,00,000/- (five lacs) whereas the Board has fixed Rs.2,00,000/0 (two lacs) as the compensation amount in such case of such. This Court taking holistic view of the matter, is of the view, the amount of Rs.2,00,000/- will not be the appropriate amount to mitigate his woe as the deceased boy was the only future and hope of the family. The money value has been eroded, the amount of Rs.3,50,000/- will be appropriate amount to Sri Ram Kumar Sah (petitioner) be paid within a period of three months from the date of receipt/production of copy of this order.
With the observations/directions this petition is allowed.
Jay/U
(Shivaji Pandey, J)
1 issue framed by the court
What compensation amount is appropriate for the death of the petitioner's son due to electrocution caused by the negligence of the Electricity Board?
Shri Ram Kumar Sah
State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
