Surjya Kant Talukdar v. Assam State Electricity Board
1996-05-01
N.P.SINGH, S.SAGHIR AHMAD
body1996
DigiLaw.ai
ORDER : N.P. Singh, J. 1. This appeal has been filed on behalf of the appellant for setting aside the judgment of the High Court dismissing the writ petition filed on behalf of the appellant. 2. The minor daughter of the appellant went for a morning walk around 5.30 a.m. on 18-3-1991 on the road where a loose electric wire came in contact with her leg because of which she was electrocuted and died. The electric shock was the cause of the death was confirmed during the post-mortem examination. A writ petition was filed on behalf of the appellant claiming a compensation for an amount of Rs. 2 lakhs. A prayer was also made for a direction to make an appointment of the son of the appellant on compassionate grounds. That writ petition was dismissed. 3. This Court on 24-2-1992 while granting leave directed the respondent-Assam State Electricity Board to pay the appellant a sum of Rs. 30,000 unconditionally. We are informed that the said amount has been paid. 4. When this appeal was taken up for hearing on 27-2-1996, a direction was given to the Chairman, Assam State Electricity Board to pass a speaking order in respect of the grievance made on behalf of the appellant that his son is not being appointed on compassionate grounds. Pursuant to the said order on 19-3-1996, the Chairman of the Board has passed a reasoned order saying that as the victim was a minor girl, there is no question of appointment on compassionate grounds so far as her brother is concerned because appointment is made only so far the dependant is concerned. In this background, it is not possible for this Court to issue any specific direction in respect of appointment of the son of the appellant on compassionate grounds. 5. However, taking all the facts and circumstances into consideration, we direct that a further sum of Rs. 30,000 be paid to the appellant on or before 31-7-1996 through a demand draft drawn in favour of the appellant by the respondent-Board. 6. The appeal is accordingly allowed to the extent indicated above. 7. No costs. Appeal partly allowed.