ORDER 16.7.2010 — In this writ petition, the petitioners have prayed for compensation due to death of their mother in electrocution. 2.The facts, as narrated in the writ petition, are as follows: Rama Dei @ Rama Behera wife of Baisnab Ch. Behera is the deceased-mother of the petitioners. On 19.11.2006 at about 8.30 AM, the deceased while going to the agricultural land came in contact with the live 11 K.V. line which was lying in the agricultural field as a result of which she fell down and succumbed to the said shock at the spot. This incident having been witnessed by the villagers of Magura was intimated to Tangi Police Station and the same was registered as Tangi P.S. U.D. Case No. 17 of 2006. The Police after visited the spot, inquired into the matter, conducted an inquest over the dead body and referred the dead body to the SCB Medical College & Hospital for post-mortem. In the inquest report, it is reflected that the deceased was electrocuted. In the post-mortem report, the cause of death was also reflected due to electrocution and its complications. The age of the deceased was about 40 years. The opposite parties-CESU paid initial ex gratia compensation of Rs.5000/- in presence of the police and the local people. They ensured for early settlement of the claim in favour of the petitioners. However, as they did not take any step to pay the just and fair compensation, the petitioners have approached this Court by filing this writ petition. 3.They have stated that their father is a mentally retarded person. Petitioners 2 and 3 are minors and petitioner no. 1 though aged about 18 years having no income, they were depending on the deceased-mother who was working as a labourer. 4.Opposite parties 1 to 4 have filed their counter affidavit taking stand that due to fury/action of nature (A gust of wind and lightening at previous night of incident), the said incident was beyond the control of the opposite parties. However, they have admitted that on humanitarian point of view they handed over a cash of Rs.5000/- to petitioner no.1 for the funeral ceremony of the deceased. They intimated the said incident to opposite party no.1. Opposite party no.4 lodged an FIR before the IIC, Tangi P.S. on 19.11.2006. However, they have admitted that on humanitarian point of view they handed over a cash of Rs.5000/- to petitioner no.1 for the funeral ceremony of the deceased. They intimated the said incident to opposite party no.1. Opposite party no.4 lodged an FIR before the IIC, Tangi P.S. on 19.11.2006. They found that 11 K.V. line was snapped between 22nd and 23rd pole from Korual D.P. for the action of the nature during the fateful night. The deceased came in contact with the snapped conductor which was getting voltage through the transformer primary winding. The fuse was replaced and the supply was restored after 9.30 A.M. next day. 5.From the above facts stated in the counter, it appears that though the opposite parties have denied about their responsibility and stated that the incident was an act of God, the fact remains that live electric line was snapped. Even though they were aware about the fact that during the night in question there was a heavy storm and lightening, they only disconnected the line by replacing the fuse after receiving the information that the electricity supply line was snapped as stated in the above paragraphs and restored the line at 9.30 A.M. next day. 6.In the present case, after incident took place it had been informed to the Tangi Police Station. The police after visited the spot, prepared the inquest report and sent the dead body for post-mortem examination. The inquest report and post-mortem report both reveal that the death was due to electrocution. Opposite party no.4 lodged an FIR before the IIC, Tangi P.S. which confirmed regarding the incident. Opposite parties were negligent after knowing the fact that due to vast wind and lightening of previous night incident took place. In spite of the said knowledge, they did not disconnect the electric line in order to ensure that no incident took place affecting public at large. Therefore, opposite parties are negligent and responsible for the incident in question. 7.This Court in OJC No. 6339 of 1997 (Nirmala Nayak & others v. Chairman-cum-Managing Director, Grid Corporation of Orissa Ltd., and another) disposed of on 11.5.2005 in similar facts and circumstances granted compensation to the claimants. This Court in the case of Ketaki Lenka and another v. CESCO & others reported in 2007 (I) CLR 516 also disposed of a similar case. This Court in the case of Ketaki Lenka and another v. CESCO & others reported in 2007 (I) CLR 516 also disposed of a similar case. 8.No doubt, mother’s contribution to a family is well known and everybody in the family depends on her in so many respects. She is the queenpin of the family. 9.Taking into consideration the facts and circumstances of the case and in view of the decisions of the aforesaid cases, this Court grants compensation of Rs.1,00,000/- (rupees one lakh) with 6% simple interest from the date of filing of this writ petition. Therefore, this Court directs opposite parties to make the calculation and deposit the amount either in cash or by way of cheque with the Registrar (Judicial) of the Court within a period of four weeks from today. Out of the said amount Rs.30,000/- (thirty thousand) each shall be kept in fixed deposit in the name of petitioners 1 to 3 and the balance amount shall be disbursed in their favour on proper identification. With the aforesaid direction, the writ petition is disposed of. Petition disposed of.