R. K. PATRA, J. ( 1 ) IN this application under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for issuance of an appropriate writ directing the opposite parties to pay her compensation on the allegation that her husband died of electrocution because of negligent and ill-maintenance of electricity line. ( 2 ) THE case of the petitioner is that her husband Kalpataru Rout on the fateful day (19th June, 1994) at about 7. 00 a. m. was working in his corn field. He noticed that electric wires had fallen down in his field which he wanted to remove. While doing so because of contact with the wire he got shock and died instantaneously at the spot. At that time, there was disconnection of supply of electricity to the nearby lift irrigation point and thinking that the electric wire was not live one, he tried to remove the same. But as a matter of fact, the electric wire was a live one and because of the negligence and ill-maintenance, the electric wire somehow got automatically charged. The matter was reported at Rajnagar police station by the petitioner's son which was registered as F. I. R. No. 32 dated 19-6-1994 (Annexure-3 ). The police investigated the case and submitted final form in the Court of. S. D. J. M. , Kendrapara indicating that the death was due to accident and it was a mistake of fact. According to the petitioner, her husband died because of utter negligence of the opposite parties in maintaining the electric lines for which they are liable to pay compensation of rupees four lakhs. The deceased was at the relevant time aged about 45 years and was maintaining his family by doing business and agriculture. He died leaving behind the petitioner, three daughters and three sons as his legal heirs. ( 3 ) THE opposite parties have filed counter affidavit which was sworn to by the Executive Engineer, Kendrapara Electrical Division-opposite party No. 2. Their case is that the accident occurred not due to any laches or negligence. A sketchmap has been enclosed to the counter affidavit indicating the line disgrace and the place of accident. According to the opposite parties there is a sub-station at point 'a' wherefrom electric line had been drawn and supplied to points 'b', 'c' and 'd'. Their case is that the accident occurred not due to any laches or negligence. A sketchmap has been enclosed to the counter affidavit indicating the line disgrace and the place of accident. According to the opposite parties there is a sub-station at point 'a' wherefrom electric line had been drawn and supplied to points 'b', 'c' and 'd'. There were only three consumers availing power supply from the sub-station. They were (1) lift irrigation point at point 'b', (2) another lift irrigation point at point 'c' and (3) the High School at point 'd'. Due to non-payment of arrear dues power supply to the High School at point 'd' had been disconnected since March, 1994. Due to off season power supply to lift irrigation points 'b' and 'c' had been disconnected since May, 1994. There was thus no electric supply from the sub-station to points 'b', 'c' and 'd' at the time of accident. Immediately after the accident, the Sub-divisional Officer rushed to the spot and found that police had already arrived at the spot and the dead-body had already been shifted to village. During inspection he found that some miscreants had stolen the conductors from lift irrigation point No. 1 to lift irrigation point No. 3 leaving a part thereof in hanging condition on the pole at lift irrigation point No. A and the stay wire had fallen causing (sic) the other two conductors which were inter-linked to touchable height. Some miscreants had connected the jumpers at the sub-station to avail power supply to the High School. This had led to the charging of the conductor at the field which the deceased had touched. A copy of the report of the Sub-divisional Officer is at Annexure-B. The opposite parties further stated that the deceased was well aware of the fact that there was no power supply to points 'b' and 'c' and there is reasonable apprehension that he might have involved in theft of stay wire. The occurrence being a pure accident, the opposite parties are no way responsible for the death of the deceased. ( 4 ) THE petitioner has filed rejoinder to the counter affidavit of opposite parties. The occurrence being a pure accident, the opposite parties are no way responsible for the death of the deceased. ( 4 ) THE petitioner has filed rejoinder to the counter affidavit of opposite parties. The petitioner has also produced before us the legal heir certificate granted by the Tahasildar, Rajnagar from which it appears that besides the petitioner as widow, the deceased had left behind his three daughters who are aged between 13 to 17 and three sons who are aged about 8 to 10 years. ( 5 ) IN course of hearing, we called for the relevant records in G. R. Case No. 584 of 1994 from the Sub-divisional Judicial Magistrate, Kendrapara along with the case diary. We have perused the name. On the basis of the F. I. R. lodged by the son of the deceased, police registered P. S. Case No. 32 of 1994 under Section 304-A I. P. C. against two linemen. After completion of investigation, the investigating officer filed final form at Annexure-4 stating therein that the death of Kalpataru Rout was due to accident and it was a mistake of fact under Section 304-A I. P. C. In his report, the Investigating Officer had noted as follows :"during course of investigation inquest held at the spot which is the (sic) field of the deceased, holding charged electric wire agrounded. S. D. O. Electrical and J. E. (Elect.) also visited the spot. The dead body was sent for autopsy and on detail investigation it was established that the L. I. , point wire running in his field have been agrounded due to water and wind. But power supply has been disconnected from Bhagabanpur Sub-station vide letter No. 144 dt. 20-8-94 of J. E. (Elec. ). There is another lower level L. T. line running to Jagannathpur High School near the spot to which power supply has also been disconnected due to arrear dues. The L. T. line is 5 fit below the upper I. T. Line out of 3 phase L. T. line one phase stolen and end piece available at the southern electric pillar closed to the spot. The end piece of L. T. line has accidentally touched the L. T. line in which power supply is available due to jumper connection at Sub-station. The end piece of L. T. line has accidentally touched the L. T. line in which power supply is available due to jumper connection at Sub-station. As such due to back feeding of electric power supply the two phases line of L. T. point were automatically charged. Since those two wires are agrounded previously having no power supply the deceased lifted to remove the wire but was charged and died instantaneously. . . . . . . . "the Sub-divisional Officer in his inspection report has stated as follows :". . . . . . . . . . and found that the L. T. feeder from Bhagabanpur S/s. to Bhagabanpur No. I and No. II L. T. points is under disconnection. The jumpers at Bhagabanpur No. I. L. T. Points pole for Bhagabanpur No. II. L. T. Point was under disconnection. One of the conductor out of 303w line from Bhagabanpur No. I. L. T. Point to Bhagabanpur No. II. L. T. Point was not there. Other two conductors will interlinked and at touchable height. The stay at end pole was Bhagabanpur No. II L. T. Point was failed. As ascertained from public present there, it is known that at the time of inspection by Police just before one hour of my arrival has seized the bare conductor used as jumpers by any miscreant to change the dead line from the sub-station. Further the police has seized remaining part of one conductor from Bhagabanpur No. I out point pole. xxxxxxunder the above circumstances, it is revealed that some miscreant has stolen one conductor from Bhagabanpur No. I. L. T. Point to Bhagabanpur No. II. L. T. Point leaving a part thereof which was remaining in hanging condition on the pole of No. I. L. T. point of Bhagabanpur and the stay has been failed causing down other two conductors which were interlinked to touchable height. Then some miscreant has connected the jumpers at Bhagabanpur S/s (where cable was removed earlier) to avail P/s at Jagannathpur Sesan H. E. School which was seized by Police. The remaining part of the conductor which has also been seized by police has come in contact with the jumper at Bhagabanpur No. I. L. T. Point pole meant for H. E. School feeder and thereby all the others conductors to Bhagabanpur No. II. The remaining part of the conductor which has also been seized by police has come in contact with the jumper at Bhagabanpur No. I. L. T. Point pole meant for H. E. School feeder and thereby all the others conductors to Bhagabanpur No. II. L. I. Point became charged and caused fatal accident to Late Kalpataru Rout while he came in contact to the interlinked charged conductor at his field. "5-A. Shri Patnaik, learned counsel contended that there was absolutely no negligence on the part of the opposite parties for which claim for compensation against them is untenable. He also submitted that this Court should not utilise the statement of witnesses recorded by the investigating agency under Section 162 Cr. P. C. to consider whether the death of Kalpataru Rout was accidental. It may be stated that we have not utilised any of the statements of the witnesses recorded by the police in course of investigation. We have simply taken into consideration the final report submitted by the investigating officer which is in the same line as that of the report submitted by the Sub-Divisional Officer of GRID Corporation. On perusal of the report of the Sub-Divisional Officer it is evident that the wires got charged because of illegal and unauthorised use of jumpers at the substation and theft of conductors between the two lift irrigation points. It needs no special mention that the GRID Corporation - opposite party No. 1 is obliged to maintain its election system properly. As is evident from the report of the Sub-Divisional Officer, there had been occurrence of unauthorised use of electricity using jumper connection at the sub-station. Such unauthorised and illegal use of jumpers cannot be said to be without the knowledge of the concerned staff at the sub-station. Persons stationed at the sub-station seem to have not taken any action against such unauthorised and illegal use of jumpers. It is a clear case of negligence in performance of their duties. In the counter affidavit, the opposite parties have vaguely suggested that the deceased might have been involved in theft of stay wire and conductors from the lines. The aforesaid statement in the counter affidavit is not borne out by any record. Materials on records on the contrary clearly establish that the deceased had gone to his field and while doing earth work, he wanted to remove the wire lying on the ground. The aforesaid statement in the counter affidavit is not borne out by any record. Materials on records on the contrary clearly establish that the deceased had gone to his field and while doing earth work, he wanted to remove the wire lying on the ground. He was sure that since there was no electric supply from the sub-station to the lift irrigation points as well as to the High School, the wire must not be a live one. To his misfortune it proved otherwise. Having regard to the totality of circumstances, we are inclined to hold that because of negligence of opposite parties, the death of Kalpataru Rout occurred as he came in content with a live wire lying on his field. ( 6 ) THE next question is what compensation is payable to the petitioner. From the post-mortem report, it appears that the deceased was aged about 55 years. The petitioner has not produced any material before us to show his monthly income. The petitioner claims that her husband was aged about 46 years at the time of his death. In view of such conflicting version, we may take that he was aged about 50 years at the time of his death. In absence of any material, by treating him as a daily wage earlier, we reasonably infer that his income per annum would be around Rs. 15,000/- (average at the rate of Rs. 40/- per day ). By applying the multiplier of 18 and by taking his 7 legal representatives as seven units, the compensation can be reasonably fixed at Rupees 80,000/ -. We order accordingly. We have adopted the aforesaid method by applying the guidelines prescribed by CIIAS for grant of compensation in motor vehicle accident cases. ( 7 ) BY an interim order passed by this Court, the opposite parties have deposited a sum of Rs. 20,000/- which is lying in the Registry. The opposite parties are, therefore directed to pay the balance amount of Rs. 60,000/- which they will deposit in a nearby nationalised bank within two months hence in the name of the petitioner for a period of five years. The petitioner is entitled to receive the quarterly interest on the fixed deposit. She may also withdraw the amount of Rupees 20,000/- lying in deposit in the Registry. The writ application is accordingly allowed. ( 8 ) PRADIPTA RAY, J. :- -. I agree. The petitioner is entitled to receive the quarterly interest on the fixed deposit. She may also withdraw the amount of Rupees 20,000/- lying in deposit in the Registry. The writ application is accordingly allowed. ( 8 ) PRADIPTA RAY, J. :- -. I agree. Application allowed. .