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Sunita Devi v. The State Of Bihar and Ors.

Patna HC14 Feb 2025CWJC/6470/2017

Case brief

AI extract

What is this about?

Patna High Court CWJC No.6470 of 2017, decided 14-02-2025, Justice G. Anupama Chakravarthy; widow's writ claim of Rs. 10 lakhs compensation for husband's death by electrocution attributed to Electricity Department's fault; Rs. 50,000 ex-gratia already paid per BSEB circular; petition disposed of in terms of CWJC No. 8470 of 2022 (Nizamuddin Ansari v. Bihar State Power Holding Co. Ltd.) rendered in light of Chairman, Grid Corporation of Orrisa Ltd. v. Sukamani Das (1999) 7 SCC 298; liberty granted to approach Civil Court for compensation.

What did the court decide?

Writ petition disposed of in terms of CWJC No. 8470 of 2022 with liberty to the petitioner to seek necessary compensation by approaching the concerned Civil Court, any such petition to be disposed of expeditiously by the learned court below. ¶26

Sunita Devi Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to compensation of Rs. 10 lakhs from the respondent authorities for the death of her husband by electrocution allegedly due to the carelessness/fault of the Electricity Department. +1 more

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Ratio / Principle

The present Writ petition stands disposed of in terms of the aforesaid judgment passed in CWJC No. 8470 of 2022 (Nizamuddin Ansari Vs. The Bihar State Power Holding Company Limited & Ors.).

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Key takeaways

Liberty is granted to the petitioner to seek necessary compensation by approaching the concerned Civil Court, and any such petition filed is expected to be disposed of expeditiously by the learned court below.ratio¶23

Detailed headnote1 paragraphs

CWJC No.6470 of 2017, Patna High Court (G. Anupama Chakravarthy, J.), oral judgment dated 14-02-2025 — Sunita Devi v. State of Bihar & Ors.: Writ petition seeking directions to the respondent authorities to pay Rs. 10 lakhs compensation, the petitioner's husband (the only earning member) having died by electrocution due to the alleged carelessness/fault of the Electricity Department. Counter affidavit showed Rs. 50,000/- ex-gratia already paid per the Bihar State Electricity Board's circular, ex-gratia not being earnings-based. Counsel for the respondents contended the matter was squarely covered by this Court's order dated 19.03.2024 in CWJC No. 8470 of 2022 (Nizamuddin Ansari v. The Bihar State Power Holding Company Ltd.), passed in light of Chairman, Grid Corporation of Orrisa Ltd. v. Sukamani Das, (1999) 7 SCC 298. After perusal, counsel for the petitioner sought liberty to apply before the appropriate authority/forum. Held: writ petition disposed of in terms of CWJC No. 8470 of 2022, with liberty to seek necessary compensation before the concerned Civil Court, any such petition to be disposed of expeditiously; interlocutory applications, if any, stand disposed of. (NAFR)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6470 of 2017

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Sunita Devi Wife of Late Naresh Sah, Resident of Village- Banghara, Kishanpur, Police Station- Ghatho, District- Samastipur.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Energy Department, Bihar

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The Collector and District Magistrate, Samastipur.

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The Chief General Manager, Electricity Board, Vidhuyt Bhawan, Bailey Road, Patna.

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The Executive Engineer, Electricity Dept. Vidyapati Nagar/Ghato, Samastipur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar @ Vijay Kr. Singh For the State : Mr. Abbas Haider- SC 6 For the Respondent : Mr. Ritesh Kumar, Advocate Nos 3 and 4

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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

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ORAL JUDGMENT Date : 14-02-2025

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The Writ petition has been filed seeking directions to the respondent authorities to pay compensation of Rs. 10 lakhs to the petitioner, as her husband, the only earning member of the family, died by electrocution due to the carelessness/fault of the Electricity Department.

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A counter affidavit was filed on behalf of the respondent Electricity Department,

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Patna High Court CWJC No.6470 of 2017 dt.14-02-2025 2/4

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contending that a sum of Rs. 50,000/- was paid to the petitioner as ex-gratia in the event of the fatal electrical accident, i.e., the death of the petitioner’s husband, as per the Bihar State Electricity Board’s circular. It is further contended in the counter affidavit that the petitioner is claiming a compensation amount of Rs. 10 lakhs, as her husband was a farmer, but no document has been annexed to show her husband’s earnings. However, Respondent Nos. 3 and 4 paid the exgratia amount as per the circular, and the exgratia is not based on earnings.

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At this juncture, the 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 2022 (Nizamuddin Ansari Vs. The Bihar State Power Holding Company Limited & 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. Sukamani Das & Anr

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Patna High Court CWJC No.6470 of 2017 dt.14-02-2025 3/4

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reported in (1999) 7 SCC 298 this Writ petition may also be disposed of on the same terms and conditions.

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Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents.

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

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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 (supra) 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.

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