Samsul Hoque and Anr v. The State of Assam and 5 Ors

ORDER

28.02.2024 Heard Mr. H.R. Ahmed, learned counsel for the petitioners. Also heard Mr. K.P. Pathak, learned Standing Counsel for APDCL and Ms. M. Barman, learned Government Advocate for respondent Nos. 1 and 6.

¶2By filing this writ petition, the petitioners is seeking compensation against the electrocution death of his mother.

¶3The facts of the case is that on 09.04.2015 at about 9:00 am, while the petitioner's mother namely, Late Samartha Bewa was going toward the residence of her daughter-in-law from her house, she suddenly touched the electricity wire which Page No.# 3/4 was already snapped from the High Voltage Electric Tower and fell in the road and died on the spot.

¶4Mr. H.R. Ahmed, learned counsel for the petitioners submits that the respondent No. 6 has filed an affidavit on 06.04.2022 wherein, the Inquiry Report dated

15.03.2022 held by the Deputy Chief Electrical Inspector, Government of Assam is annexed.

¶5Mr. K.P. Pathak, learned Standing Counsel APDCL fairly submits that the said Report dated 15.03.2022 indicates that there was certain contravention on the part of the APDCL, for which the accident occurred.

¶6I have heard the submissions made at the bar and I have perused the materials available on record.

¶7It appears from the report of the Deputy Chief Electrical Inspector, Government of Assam dated 15.03.2022 annexed as annexure-A to the affidavit-in-opposition filed by the respondent No. 6 that the circumstances leading to the accident occurred because of the contravention of regulation 12(1) of the Central Electricity Authority (Measure Relating to Safety and Electric Supply Regulations, 2010 on the part of the APDCL.

¶8The Assam Electricity Regulatory Commission, vide its Notification dated

05.08.2019, has notified the AERC (Compensation to victims of Electrical accidents) Regulations, 2019, providing inter alia the quantum of compensation payable for loss of human life, where accident is attributable to the fault /negligence of APDCL.

¶9The Office Memorandum dated 07.11.2019, prescribed the amount of compensation payable for loss of human life and injury as per the said AERC Regulation. A copy of the said office memorandum dated 07.11.2019 is produced before this Court and the same is kept in file. It appears from the said office memorandum that an amount of Rs. 4 lakh only for loss of human life has been prescribed. Further, while prescribing the said amount of Rs. 4 lakh as compensation, Page No.# 4/4 it has also been prescribed that in the event of a claim has not been settled within a period of 120 days from the date of occurrence of the electric accident, the delay in payment of compensation shall result in an additional interest of 12% per annum on the amount.

¶10In the present case, the accident in which the petitioner's mother loss her life, in terms of the aforesaid inquiry report dated 15.03.2022 is attributable to the fault/negligence of the APDCL.

¶11As such, this Court is of the considered view that the petitioner is entitled to be compensated under the said Office Memorandum dated 07.11.2019.

¶12As such, the respondent APDCL Authorities are directed to make payment of compensation of Rs. 4 lakh to the petitioner for the loss of his mother i.e. Late Samartha Bewa alongwith interest @ 12% per annum of the said amount.

¶13Having due regard to the factual position, it is directed that the respondents APDCL Authority shall calculate the interest @ 12% per annum from the date of the submission of the electrical accident Inquiry Report by the respondent No. 6 i.e.

15.03.2022. The same shall be paid to the petitioner upon due identification within a period of two months from the date of receipt of a certified copy of this order by the respondent APDCL Authority. With the above observation and direction, this writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010142912019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4439/2019o SAMSULoHOQUEoANDoANR.o S/OoLT.oKOSERoALIoSK,oVILL.oMAJERCHARoCHOLAKURA,oP.O.oMAJERCHAR P.S.oDHUBRI,oDIST.oDHUBRI,oASSAM,oPIN-783339 2:oAFJALoHOQUE oS/OoLT.oKOSERoALIoSK oVILL.oMAJERCHARoCHOLAKURA oP.O.oMAJERCHARoP.S.oDHUBRI oDIST.oDHUBRI oASSAM oPIN-78333o VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAMo POWERoANDoELECTRICITYoSUPPLYoDEPTT.oDISPUR,oGHY-6 2:THEoASSAMoPOWERoDISTRIBUTIONoCOMPANYoLTD. oREP.oBYoTHEoCHIEFoGENERALoMANAGER oAPDCL oBIJULIoBHAVAN oPALTANoBAZAR oGHY-1 3:THEoCHIEFoGENERALoMANAGERo(HRA) oAPDCL oBIJULIoBHAVAN oPALTANoBAZAR oGHY-1 4:THEoDEPUTYoGENERALoMANAGERo(LAW) oAPDCL oBIJULIoBHAVAN Page No.# 2/4 PALTAN BAZAR GHY-1 5:THE ASSISTANT GENERAL MANAGER DHUBRI ELECTRICAL DIVISION APDCL DHUBRI ASSAM DIST. DHUBRI ASSAM PIN-783301 6:THE CHIEF ELECTRICAL INSPECTOR GOVT. OF ASSAM MAHAVAIRAB BUILDING CHANDMARI SOUTH SARANIA GHY- Advocate for the Petitioner : MD H R AHMED Advocate for the Respondent : SC, APDCL B E F O R E HON'BLE MR. JUSTICE KAUSHIK GOSWAMI