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2019 DIGILAW 500 (ORI)

Kirtana Sethi v. Chairman-Cum-Managing Director, Grid Co.

2019-08-01

PRAMATH PATNAIK, SANJU PANDA

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ORDER : 1. Heard learned counsel for the parties. 2. Assailing the order dated 09.07.2015 passed in OJC No. 13923 of 1997 by the learned Single Judge, the present appeal has been preferred by the petitioners. 3. The appellants in the writ petition vide OJC No. 13923 of 1997 sought for a direction to the respondents to pay a lump sum amount of Rs. 2,00,000/- towards compensation for the death of their only son-Abhimanyu Sethi, who had met his death due to electrocution on 01.10.1996 while going to the lift irrigation point to inspect the irrigation facilities provided to his paddy field. The matter was reported at the Rajkanika Police Station registered as U.D. Case no. 18 of 1996 under Section 304-A of the I.P.C. The dead body was sent for post mortem and the doctor in his report opined that death is due to shock and burning caused by lightening. 4. The learned Single Judge after hearing the parties disposed of the writ petition granting liberty to the petitioner to move the appropriate forum by filing properly constituted application showing that the death of the deceased occurred due to electrocution, so that the petitioners can be entitled to get the compensation. 5. As it appears charge sheet has already been submitted on 23.04.1997 relating to this case wherein it has been mentioned that the deceased-Abhimanyu Sethi came in contact with the electric wire and succumbed to burn injuries on 01.10.1996 and since there is sufficient evidence against the accused persons under section 304-A of the IPC, they are to face the trial in the Court of Law. 6. Considering the submissions made by the learned counsel for the parties, we are of the considered view that the respondents are directed to release the ex-gratia payment in favour of the appellants. 7. Accordingly, the ex-gratia payment shall be released in favour of the appellants within a period of three months. 8. The writ appeal is accordingly disposed of.