Ashok Kumar Sharma and Ors. Vs South Bihar Power Distribution Company Ltd. and Ors. — Patna HC (2024) — LawSathi Research

Ashok Kumar Sharma and Ors. Vs South Bihar Power Distribution Company Ltd. and Ors. — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to seek necessary compensation by approaching the concerned Civil Court; a petition filed within four weeks to be examined and considered on merits and disposed of preferably within four months.

Issue for consideration

Whether the petitioners are entitled to adequate compensation from the respondents for the latter's acts of negligence resulting in the death of Sudha Sharma. +1 more

Court's answer

Liberty granted to the petitioner to seek necessary compensation by approaching the concerned Civil Court.

Ratio / Principle

The writ petition stands disposed of in terms of the judgment passed in CWJC No. 8470 of 2022.

Key takeaways

In case the appropriate petition is filed within a period of four weeks, it shall be examined and considered on merits by the appropriate court and disposed of preferably within four months.ratio¶23

Detailed headnote1 paragraphs

Patna High Court, CWJC No. 485 of 2017 (Ashok Kumar Sharma & Ors. v. South Bihar Power Distribution Company Ltd. & Ors.): oral judgment dated 12-11-2024 of G. Anupama Chakravarthy, J. (NAFR). Petitioners sought direction to the respondents (the power distribution company and its officers) to pay adequate compensation for their acts of negligence resulting in the death of Sudha Sharma, and a job on compassionate grounds to her dependants. At the outset, respondents' counsel submitted that the matter was squarely covered under this Court's order dated 19.03.2024 in CWJC No. 8470 of 2022 (Nizamuddin Ansari v. The Bihar State Power Holding Company Ltd. & Ors.), passed in light of the Hon'ble Apex Court judgment in Chairman Grid Corporation of Orrisa Ltd. v. Sukmani Das, (1999)-7 SCC 298, and sought like disposal on the same terms. After perusal, petitioner's counsel sought liberty to make an appropriate application for compensation before the appropriate authority. The Court disposed of the writ petition in terms of the CWJC No. 8470 of 2022 judgment, granting liberty to seek necessary compensation before the concerned Civil Court, with the expectation that a petition filed within four weeks would be examined and considered on merits and disposed of preferably within four months; interlocutory application(s), if any, stand disposed of. Apart from these compensation-related directions, no separate direction appears on the prayer for compassionate-ground employment.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.485 of 2017

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Ashok Kumar Sharma and Ors S/o Late Jai Krishna Sharma.

Amit Kumar

Subhan Kumar @ Shubham, Petitioner No. 2 and 3 are S/o Ashok Sharma All Resident of VillageLoshghani, P.S.-Pri Bazar, District-Lakhisarai.

... ... Petitioner/s

Versus

South Bihar Power Distribution Company Ltd. , Vidyut Bhawan, Bailery Road, Patna through its Managing Director

Managing Director, South Bihar Power Distribution Company Ltd, Vidyut Bhawan, Bailey Road, Patna

Executive Engineer, South Bihar Power Distribution Company Ltd. Lakhisarai

Sub-Divisional Officer, South Bihar Power Distribution Company Ltd, Lakhisarai.

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi, Advocate For the Respondent/s : Mr. Vinay Kirti Singh, Sr. Advocate

======================================================

CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 12-11-2024

Heard learned counsel for the parties.

The writ petition has been filed for directing the Respondent to pay adequate compensation to the petitioners for their acts of negligence resulting in death of Sudha Sharma and a job on compassionate grounds to her dependents.

At the very outset, Learned counsel for the respondents contended that since this matter is squarely covered under the order dated 19.03.2024 passed in CWJC No. 8470 of

Patna High Court CWJC No.485 of 2017 dt.12-11-2024 2/3

2022 (Nizamuddin Ansari Vs. The Bihar State Power Holding Company Ltd. & Ors.) by this Court in which this Court has passed the order in light of a judgment passed by the Hon’ble Apex Court in the case of Chairman Grid Corporation of Orrisa Ltd. & Ors. Vs. Sukmani Das & Anr reported in (1999)-7 SCC 298 this writ petition may also be disposed of on the same terms and conditions.

After perusal of the aforesaid judgment, the Learned counsel for the petitioner seeks liberty to make appropriate application for compensation before the appropriate authority.

Having regard to the submissions made by the learned counsel for the petitioner, the present writ petition stands disposed of in terms of the aforesaid judgment passed in CWJC No. 8470 of 2022 and also with liberty to the petitioner to seek necessary compensation by approaching the concerned Civil Court and in case, any such petition is filed, the same is expected to be disposed of expeditiously by the learned court below. It is needless to state that in case, appropriate petition is filed within a period of four weeks from today, the same shall be examined and considered on merits by the appropriate court and shall dispose of the case preferably within four months.

Patna High Court CWJC No.485 of 2017 dt.12-11-2024 3/3

With the aforesaid direction the writ petition

stands disposed of.

Interlocutory Application, if any, shall stands

disposed of.

(G. Anupama Chakravarthy, J)

Spd/-

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	13.11.2024
Transmission Date