Amirjan Khatun v. The State of Assam and 6 Ors

ORDER Date : 13.05.2024

Heard Mr. M. R. Khandakar, learned counsel for the petitioner and Mr. K. Gogoi, learned Addl. Senior Government Advocate for the State respondents. Also heard Mr. B. Choudhury, learned Standing Counsel, APDCL.

¶2By way of this writ petition, the petitioner is seeking compensation against the electrocution death of her husband, namely, Manik Ali @ Manik Ali Sheikh. Page No.# 3/5

¶3The case of the petitioner is that her husband, i.e., late Manik Ali @ Manik Ali Sheikh died on 29.05.2018 due to electric accident, which occurred due to the alleged negligent on the part of the respondents. The WT message dated

29.05.2018 and detailed report of the respondent No. 7 dated 31.07.2018 reveals that due to sudden pin puncture and creaking of one 11 K.V. line conductor came down at Rangapani and accordingly, on 29.05.2018 at about

1.30 PM, an electric accident occurred in which the petitioner's husband was electrocuted and died.

¶4The respondent No. 7 has issued communications dated 30.08.2018,

15.09.2018 and 10.01.2020 to the respondent Nos. 5 & 6 regarding payment of compensation to the petitioner against her deceased husband. However, no payment has been received till date. Accordingly, the instant writ petition has been filed.

¶5Mr. B. Choudhury, learned Standing Counsel, APDCL fairly submits that the report of the Chief Electrical Inspector -cum-Advisor, Government of Assam dated 18.03.2024 indicates contravention of regulation 14(1) of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2023 by the APDCL authority.

¶6Mr. K. Gogoi, learned Addl. Senior Government Advocate for the State respondents also fairly submitted that the aforesaid report indicates that it is due to the negligence on the part of the APDCL that the petitioner's husband lost his life.

¶7I have heard the submissions made at the bar and perused the materials Page No.# 4/5 available on record.

¶8It appears from the report of the Chief Electrical Inspector dated

18.03.2024, which is annexed as Annexure-A to the affidavit-in-opposition filed on behalf of the respondent No. 4 on 05.04.2024, that the circumstances leading to the accident occurred because of the contravention of regulation 14(1) of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2023 on the part of the supplier of electricity, i.e., Assam Power Distribution Corporation Limited (APDCL).

¶9The Assam Electricity Regulatory Commission, by its notification dated

05.08.2019 has notified that the AERC (compensation to victims of electrical accidents) Regulation 2019, providing inter-alia the quantum of compensation payable for loss of human life, where accident is attributable to the fault/negligence on the part of the APDCL.

¶10The office memorandum dated 07.11.2019 prescribes the amount of compensation payable for loss of human life and injury as per the said AERC Regulations. It appears from the said office memorandum that an amount of Rs. 4 Lakh only for loss of human life has been prescribed. Further, by prescribing the said amount of Rs. 4 Lakh as compensation, 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.

¶11In the present case, the accident in which the petitioner's husband lost his life in terms of the aforesaid inquiry report dated 18.03.2024 is attributable to Page No.# 5/5 the fault/negligence of the APDCL.

¶12As 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. As such, the respondent APDCL authorities are directed to make payment of Rs. 4 Lakh to the petitioner for the loss of her husband, i.e., Manik Ali @ Manik Ali Sheikh along with interest of 12% per annum of the said amount.

¶13Having regard to the factual position, it is directed that the respondents APDCL shall calculate the interest @ 12% per annum from the date of the submission of the electrical accident inquiry report by the respondent No. 4, i.e.,

18.03.2024. 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.

¶14With the aforesaid observation and direction, this writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010268592023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6950/2023o AMIRJANoKHATUNo W/O-oLATEoMANIKoALIo@oMANIKoALIoSHEIKH,o VILLAGE-oRANGAPANI,o P.O.-oBORKONA,o P.S.-oMANKACHAR,o DIST.-oSOUTHoSALMARAoMANKACHAR,o ASSAM,oPIN-o783131. VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTEoGOVT.o OFoASSAM,o POWERoANDoSUPPLYo(ELECTRICITY)oDEPARTMENT,o DISPUR,oGUWAHATI-06. 2:THEoASSAMoPOWERoDISTRIBUTIONoCOMPANYoLIMITEDo(APDCL) oREPRESENTEDoBYoITSoCHAIRMAN oBIJULEEoBHAWANoPALTANBAZARoGUWAHATI-07. 3:THEoCHIEFoGENERALoMANAGERo(HRA) oAPDCLoBIJULEEoBHAWAN oPALTANBAZARoGUWAHATI-07. 4:THEoCHIEFoELECTRICALoINSPECTOR oGOVT.oOFoASSAM oMAHABHAIRABoBUILDING oCHANDMARI oSOUTHoSARANIA oGUWAHATI-03. 5:THEoASSISTANToGENERALoMANAGER oGOALPARAoELECTRICALoDIVISION oAPDCLoLAR Page No.# 2/5 BHALUKDUBI GOALPARA P.O.- GOALPARA DIST.- GOALPARA ASSAM PIN- 783101. 6:THE CHIEF EXECUTIVE OFFICER BONGAIGAON ELECTRICAL CIRCLE APDCL LAR BONGAIGAON P.O.- BONGAIGAON DIST.- BONGAIGAON ASSAM PIN- 783380. 7:THE SUB-DIVISIONAL ENGINEER MANKACHAR ELECTRICAL SUB-DIVISION APDCL LAR MANKACHAR P.O.- MANKACHAR DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 783131 Advocate for the Petitioner : MR. M R KHANDAKAR Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI