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2011 DIGILAW 2255 (PAT)

Sila Devi v. Chairman, Electricity Board

2011-11-14

SHEEMA ALI KHAN

body2011
ORDER Heard Counsel for the petitioner and the Counsel for the Board. 2. This writ application has been filed for grant of compensation on account of the accidental death of the husband of the petitioner. 3. A First Information Report was instituted for the occurrence which took place on 25.08.2006. In the First Information Report, it is alleged that the wire which was connected from Tata Motors to the main electrical pole was of an inferior quality and often snapped which was dangerous to human life. It is also alleged that although information was given by the villagers to the Manager of the Tata Motors as well as to the Sub Divisional Officer of the Board, no action was taken by them to remedy the defect. 4. A counter affidavit has been filed in which it has been stated that it was the duty of the Tata Motors Show Room Proprietor to inform the Board regarding the defective wire hanging in the premises of the Tata Motors as alleged by the petitioner and as such the Board would not be responsible for any negligence on its part. 5. On perusal of the First Information Report as well as counter affidavit, it would appear that there is a direct allegation that the electric wire used was defective. However, the Board has not taken any steps to make any enquiry regarding this aspect of the matter. In the First Information Report, the Sub Divisional Officer, Sabaur has been made accused. 6. On perusal of Section 161 of the Electricity Act, 2003 which provides that when an accident occurs in connection with generation, transmission, distribution, supply or use of electricity in or in connection with, any part of the electric lines or electrical plant of any person and the accident results or is likely to have resulted in loss of human or animal life or in any injury to a human being or an animal, such person shall give notice of the occurrence and of any such loss or injury actually caused by the accident, in such form and within such time as may be prescribed, to the Electrical Inspector or such other person as authorized by the Government by general or special orders. 7. By virtue of the First Information Report, the department had notice of the occurrence. However, no petition was filed by the petitioner. 8. 7. By virtue of the First Information Report, the department had notice of the occurrence. However, no petition was filed by the petitioner. 8. In the result, I direct that the Electrical Inspector should notice the then Sub Divisional Officer, Sabaur and call upon the Officers of the department or any other person for the purposes of determining the fact regarding as alleged by the petitioner. The petitioner may also file a representation along with a copy of the First Information Report stating all the facts and also give a list of witnesses whom he wishes to produce before the Electrical Inspector and the Electrical Inspector would be required to take in writing the evidence and pass an appropriate order with respect to the factum of the occurrence within the shortest possible time. 9. The petitioner may file his representation within a period of six weeks from the date of receipt of a copy of this order along with a copy of the First Information Report. 10. This writ application is disposed of with the aforesaid observations and directions.