Hamida Parbin @ Hamida Begum v. The Assam Power Distribution Company Limited and 6 Ors

ORDER Date : 10.05.2024

Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard Mr. N. Deka, learned Standing Counsel, APDCL for the respondent Nos. 1, 3, 4 & 7 and Ms. S. Baruah, learned Junior Government Advocate, Assam for the respondent Nos. 2, 5 & 6. By way of the instant writ petition, the petitioner is seeking compensation from the APDCL for the death of her husband, i.e., Mohibul Hoque, who died on

28.06.2020 due to electrocution. The facts of the case in brief is that on 28.06.2020 when the husband of Page No.# 3/4 the petitioner was working in the pond near their house by using a boat, he suddenly came into the overhanging electric wire, as a result of which he got electrocuted and died. An FIR accordingly was lodged on 01.07.2020 being Chhaygaon Police Station Case No. 639/2020. Accordingly, the petitioner is seeking compensation from APDCL for failing in their duty to take safety measures in terms of the Indian Electricity Act and Rules framed thereunder. Mr. M. Ahmed, learned counsel for the petitioner submits that due to the failure of the APDCL in following mandatory provisions of the Act and Regulations, the husband of the petitioner lost his life due to electrocution and accordingly, the petitioner is entitled for the compensation sought. Mr. N. Deka, learned Standing Counsel, APDCL for the respondent Nos. 1, 3, 4 & 7 on the other hand submits that the Electricals Inspector Report dated

22.04.2021 which is enclosed to the affidavit filed on behalf of respondent No. 5 clearly indicates that there has been no fault or negligence on the part of the APDCL officials in the subject matter. Heard parties at length and perused the materials available on record. A perusal of the enquiry report of the electrical accident submitted by the Additional Chief Electrical Inspector-cum-Adviser, Government of Assam by letter dated 22.04.2021 indicates that upon enquiry being made and information gathered from witnesses during site visit and circumstantial evidences, it appears that 5-6 persons including the victim were rowing a boat for reasons best known to them on a low lying flooded area on 28.06.2020 at around 9:30 Page No.# 4/4 PM during the night curfew period of Covid-19 pandemic and while passing below the 11KV Chamaria-Goroimari overhead feeder, the husband of the petitioner, i.e., Mohibul Hoque came in contact of the live 11KV line with his wooden/bamboo oar while rowing the boat and thus got electrocuted. It is further stated in the aforesaid report that the death of the petitioner's husband was due to coming in contact with the charged overhead line of the supplier APDCL because of his own contravention. It is thus evident from the aforesaid report that there has been no fault or negligence on the part of the APDCL authorities because of which the petitioner is entitled for any compensation whatsoever for the death of her husband. As such, the petitioner has failed to make out a case warranting the relief prayed in the writ petition. As such the writ petition stands disposed of. No costs. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010023902021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/899/2021o HAMIDAoPARBINo@oHAMIDAoBEGUMo W/O-oLT.oMOHIBULoHOQUE,oR/O-oVILL-oKORAIBIL,oP.O.oBHAURIABHITA,o P.S.oCHHAYGAON,oDIST.-oKAMRUP,oASSAM,oPIN-o781136 VERSUSo THEoASSAMoPOWERoDISTRIBUTIONoCOMPANYoLIMITEDoANDo6oORSo REP.oBYoITSoCHAIRMANoANDoMANAGINGoDIRECTOR,oASSAM,oBIJULEEo BHAWAN,oPALTANoBAZAR,oGHY-01 2:THEoSTATEoOFoASSAM oREP.oBYoITSoSECY.oTOoTHEoGOVT.oOFoASSAM oELECTRICITYoANDoPOWERoSUPPLYoDEPTT. oDISPUR oGHY-06 3:THEoCHIEFoGENERALoMANAGERo(HRA) oASSAMoPOWERoDISTRIBUTIONoCOMPANYoLTD. oBIJULEEoBHAWAN oPALTANoBAZAR oGHY-01 4:THEoCHIEFoENGINEERo(DISTRIBUTION) oBIJULIoBHAWAN oPALTANoBAZAR oGHY-01 5:THEoCHIEFoELECTRICALoINSPECTOR oGOVT.oOFoASSAM oCHANDMARI oSOUTHoSARANIA oGHY-03 Page No.# 2/4 6:THE DY. COMMISSIONER KAMRUP AMINGAON DIST.- KAMRUP PIN- 781031 7:THE SUB-DIVISIONAL ENGINEER CHHAYGAON ELECTRICAL DIVISION ASSAM POWER DISTRIBUTION COMPANY LTD. P.O.- CHHAYGAON P.S. CHHAYGAON DIST.- KAMRUP ASSAM PIN- 78112 Advocate for the Petitioner : MR. M AHMED Advocate for the Respondent : SC, APDCL BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI