JUDGMENT : P.K. Mohanty, J. - The Petitioners are the widow and daughters of late Laxmidhar Mohanty, who Claim compensation from the opposite parties for the death of the deceased Laxmidhar due to snapping of electric wire. 2. The Petitioners' case in short, was that on the night of 14-12-1993, while deceased Laxmidhar Mohanty was searching for his missing cow, he suddenly came in contact with a live electric wire on O.M. C. Ferrochrome Road which is a public place, as a result of which he died at the spot due to electrocution. The electric line is maintained by the Orissa State Electricity Board, presently the Grid Corporation of Orissa. On 15-12-1993 an F. 1. R. was lodged before the Officer-in-charge, Jajpur Road Police Station and the same was registered as U.D. case No. 19 of 1993 and the dead body was forwarded to the Medical Officer for post-mortem. The F. 1. R. and the post-mortem reports are Annexures-l and 2 to this writ application. It is alleged that the death' of the deceased Laxmidhar was due to electric shock because of the negligence of the opp. parties in maintenance of the electric line in a public place. Petitioner No. 1 had addressed representation to opp. party No. 2 on 25-1-1994 endorsing a copy thereof to opp. party No. 1 for paying an interim compensation of Rs. 80.000/-. a copy of the application is Annexure-3. Another representation was sent on 15-9-1994. It is alleged that the Petitioners were completely dependant upon the earning of the deceased and after his death, they are in a helpless condition. The death having occurred due to the negligence of the opposite parties, it is alleged that they are liable to pay the compensation. The allegation of the Petitioner is that under Rule 91 of the Indian Electricity Rules, 1956, every over-head electric lines which is not covered with insulating materials and which is created over any part of street or other public place or any factory or mine or an any consumer premises, shall be protected with a device approved by the Inspector for rendering- the line electrically harmless in case it breaks. The fact that the live electric wire had fallen on the ground near the O.M. C. Ferrochrome Road clearly indicates the negligence of the opposite parties in maintenance of the line. 3. The fact that the live electric wire had fallen on the ground near the O.M. C. Ferrochrome Road clearly indicates the negligence of the opposite parties in maintenance of the line. 3. The opposite parties have filed a comprehensive counter affidavit refuting the claim of the Petitioners inter alia on the ground that the death of the deceased Laxmidhar has been caused due to the electrocution, but there is no negligence on the part of the Board/Corporation in maintaining the electric supply so as to claim the damages against the Board. It is alleged that on 14-12-1993, the inmates of Harmohan Baba Math were using electricity by hooking from the nearby L.T. over-head line, unauthorisedly. The inmates of the Math used to consume electricity by unauthorised hooking for which criminal cases have been instituted by lodging of F. 1. R. Inasmuch as while hooking, the inmates of the Math were using very sub-standard wire from the street line phase used for N.A.C. and the hooking was done during the night time, it is alleged that due to poor strength of the wire, the wire snapped, consequent upon which the deceased came in contact with the live wire and succumbed to death. An F. 1. R. was lodged on 15-12-1993 by electrical authorities. It is asserted by the opp. parties that all precautions like regular checking of supply line were taken by the authorities, the Vigilance squard also detected number of unauthorised hooking cases, for which F. 1. R. had been lodged in the Police Station and it is because of the non-cooperation of the law and order 'authorities, the unauthorised users could not be checked. The opp. parties further all aged that on previous occasions also when the inmates of the Math were using electricity unauthorisedly, the concerned Lineman-in-charge had thrice disconnected the supply of electricity and cautioned, but in spite of the warning and regular checking, the inmates of the Math were utilising the power frequently and stealthily. The opp. parties claimed that since adequate steps have been taken by the authorities to prevent the unauthorised use of power inasmuch as when no negligence at the level of the opp. parties have been proved, the Petitioners are not entitled to get any compensation Compansation, if any, it has to be paid by the unauthorised users of electricity by hooking process, using sub-standard wire. 4. By order dated 12-2-1996. parties have been proved, the Petitioners are not entitled to get any compensation Compansation, if any, it has to be paid by the unauthorised users of electricity by hooking process, using sub-standard wire. 4. By order dated 12-2-1996. the Orissa State Electricity Board, presently the Grid Corporation of Orissa was directed to produce the records relating to the enquiry conducted in the matter by the Board officials. By order dated 18-3-1996, true copies of the report were directed to be filed along with a memorandum after service of a copy on the learned Counsel for the Petitioners. The learned Counsel has produced the copy of the initial enquiry report in respect of the fatal electrical accident along with a memo dated 20-3-1996. A copy of the report of the enquiry made by the Deputy Electrical Inspector on 17-1-1994 has also been produced. 5. Law is well settled that the authorities vested with the responsibility of distribution of electricity energy or electricity are to take special precaution in operations connected with the transmission of snatching through over-head lines and in case of allegations of breach thereof, and where the claim is made that due to the negligence of the authorities the accident occurred, the burden is on the authorities to establish that they have taken all precautionary measures to prevent such accident and in spite of such precautions, the snapping of the line occurred. Section 33 of the Indian Electricity Act, 1910 provides that if any accident occurs in connection with the generation, transmission, supply or use of energy in or in connection with, any part of the electric supply-lines or other works of any person and the accident results or is likely to have resulted in loss of human or animal life or any injury to a human being or an animal such person shall give notice of the occurrence to the Electrical Inspector, or any other competent person appointed by it in this behalf, to inquire and report, (a) as to the cause of any accident affecting the safety of the public, which may,have been occasioned by or in connection with the generation, transmission, supply or use of energy; or (b) as to the manner in and extent to which the provisions of this Act or of any licence or rules thereunder so far as these provisions affect the safety of any person, have been complied with. Rule 91 of the Indian Electricity Rules, 1956 provides for safety and precaution devises. 6. The facts and circumstances of the present case are that, an F.I.R. was lodged on 15-12-1993 in the Jajpur Road Police Station by one Narasingha Charan Mohanty, reporting the death of late Laxmidhar due to electrocution. Post-mortem has been conducted by the Medical Officer, Danagadi P.H. C., copies of which are Annexures-1 and 2 respectively. There is no dispute that the death was caused due to electrocution, the deceased having come in contact with the live wire snapped from the electric line. 7. The undisputed facts of the case are that the death has been caused due to electrocution, the deceased having come in contact with the live wire. But it is asserted by the opp. parties that there is no negligence on the part of the Board in maintaining the electric supply, but the accident is caused due to the fact that the inmates of Harmohan Baba Math were using the electricity by hooking from L.T. over-head line and due to the poor strength of the wire and temporary work, the wire snapped, ultimately resulting in the death. The learned Counsel for the opp. parties however submitted that in spite of several v. LPs. lodged in the Police Station, no action was taken against the unauthorised user. The concerned Lineman had thrice disconnected the supply and cautioned the owner of the Math and in spite of warning and regular checking in the night hours, the inmates of the Math were using the electricity on 14-12-1993 and because of use of the sub-standard materials, the line snapped It is revealed from the initial enquiry report submitted by the Executive Engineer, Jajpur Road, Electrical Division, that the owner of the Math had drawn electric line by insulated service connection from the street light phase of the L.T. line by means of hooking and used bare G.I. wire for the phase and binding wire from neu tral. The hooking was done by insulating service connection aluminium wire on the overhead conductor. The wire used for hooking being rusted and the bind wire having low strength, it snapped and fell on the ground without being dead due to non-provision of any back up protection. The hooking was done by insulating service connection aluminium wire on the overhead conductor. The wire used for hooking being rusted and the bind wire having low strength, it snapped and fell on the ground without being dead due to non-provision of any back up protection. The F.I.R. said to have been lodged on 15-12-1993 by the Junior Engineer, Electrical, Jajpur Road Section Indicator that the accident took place due to snapping of iron wire drawn forcibly and unauthorisedly from the L.T.line by one Harmohan Baba of the Math. The report of the Deputy Electrical lnspector forwarded by the Chief Electrical Inspector, Orissa to the Principal Secretary of the Government indicates that the accident took place due to unauthorised use of electricity by hooking by means of sub-standard bare iron wire in a hazardous way. The service connection was taken unauthorisedly, hooking on nearby L.T. line and the work was executed by most unsafe manner. Thus, in effect, the case of the opp. parties was that the enquiry report of the different authorities revealed that the snapping of the line was not due to the negligence of the Board authorities, but due to the unauthorised line drawn by the 'Math' people. The Petitioner claimed that the accident was caused due to the sale negligence of the Board authorities. This being a disputed question of fact, at this stage in a writ jurisdiction, we are afraid, this Court cannot come to a definite conclusion from the available materials no record as to whether the opp. parties have discharged their burden of proving that they have taken all precautionary measures in accordance with the rules or that the Petitioners have been able to prove that the death was due to the sale negligence of the Board Authorities. 8. In the peculiar fact, and circumstances of the case, when the death due to electrocution is admitted, but, as to whether, it is due to the sole negligence of otherwise of the Board/Corporation, cannot be definitely established, in absence of sufficient materials on record we deem it appropriate to observe that it is for the Petitioners to move the appropriate law forum for determining the factum of negligence and liability for compensation. A reference may be made to a decision in Padma Behari Lal v. Orissa State Electricity Board and Anr. reported in A. 1. Rule 1992 Orissa 68. A reference may be made to a decision in Padma Behari Lal v. Orissa State Electricity Board and Anr. reported in A. 1. Rule 1992 Orissa 68. In that case, this Court, while holding that the accident occurred due to the negligence of the Electricity Board for the purpose of determination of compensation, the quantum of compensation and entitlement was left to be decided by the competent court. However, an interim compensation had been awarded. 9. In this case, disputed question of facts have been raised with regard to the negligence and liability of the opposite parties. The reports of enquiry by the Electrical Inspector and Engineer has been placed on record to show that the accident has resulted not due to the negligence or lachas of the opposite parties,but due to the action of the Management of the 'Math' in taking unauthorised forcible electrical connection without taking precautionary measure to avoid accidents. But unfortunately these thrid parties who are alleged to have been responsible for the fatal accident, are not before us, being not made parties. In such situation, we are left with no other option than to observe that the Petitioners are to work out their remedies in a common law forum by establishing their respective claims. 10. The Opposite parties claim total immunity from payment of compensation on the allegation that the unauthorised forcible connection taken by the Math without precaution and preventive measures was the sole cause of the accident, and they are in no way responsible in any manner. If electrical connections are taken by any person in a manner not authorised under law from the transmission supply lines owned and maintained by the opposite parties endangering public safety, it was incumbent on the opposite parties to take stringent and strong action against such unauthorised users of electricity and to disconnect such connections by constant checks and adopting preventive measures. Unauthorised use of electricity is a penal offence, inasmuch as when it endanger public safety, it is required of the authorities to take prompt and effective steps in accordance with law to prevent unforeseen accidents. Simply filing F.I.R. and disconnection of the supply once or twice in a casual and impersonal manner, does not absolve the Board/Corporation authorities altogether of their responsibility. The Board/Corporation was required to take all effective steps to prevent and avert any possible accident. Simply filing F.I.R. and disconnection of the supply once or twice in a casual and impersonal manner, does not absolve the Board/Corporation authorities altogether of their responsibility. The Board/Corporation was required to take all effective steps to prevent and avert any possible accident. A half-hazard indifferent and casual attempt by the lowest man in the rung in disconnecting the connection without any further steps in persuing the matter cannot be construed as an effective step in the matter in due discharge of their obligation. If the Board/Corporation failed to take any effective steps in the matter for preventing or misuse of power and of using substandard wire and materials endangering public safety it is bound to compensate a victim of such unwarranted situation. The Petitioners are the widow and children of the victim of the situation who died due to admitted electrocution and due to the death of their only breadcareer, they are in hardship and in such situation unless immediate and timely help is available to them they shall suffer immense hardship. In a situation of this nature, when prima facie the Corporation cannot be said to be totally absolved of its responsibility, an interim relief would meet the ends of justice till a final determination is made and liability is fixed on the erring parties. 11. In that view of the matter, while observing that the parties are free to establish their respective claims by leading evidence in a common law forum for determining the liability and the quantum of compensation payable, we direct the opposite party-Grid Corporation of Orissa Ltd. to pay a sum of Rs. 30,000/(Rupees thirty thousand) to the Petitioners, the victim's family for immediate relief as an interim measure within a month from the date of receipt of this order. It is however made clear that the claim, liability or otherwise of the parties may be worked out in the Civil Court, which shall for all purposes fix,the liabilities of the parties, since the amount awarded herein is by way of an interim relief. 12. There shall however be no order as to costs. P.C. Naik. J. 13. I agree.