High Court Patna High Court - Orders

Mina Kumari @ Meena Kumari vs Bihar State Elec.Board & Ors on 2 September, 2011

Patna High Court – Orders
Mina Kumari @ Meena Kumari vs Bihar State Elec.Board & Ors on 2 September, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Civil Writ Jurisdiction Case No.10049 of 2005
                  Mina Kumari @ Meena Kumari, wife of late Sanjay Kumar,
                  resident of village - Bhadsara, P.S. Pali, District Jehanabad
                                                                 ....... Petitioner
                                             Versus
                   1. Bihar State Electricity Board, Vidyut Bhawan, Bailey
                      Road, Patna, through its Chairman
                   2. The Secretary, Bihar State Electricity Board, Vidyut
                      Bhawan, Bailey Road, Patna
                   3. The Executive Engineer, District Electricity Office,
                      Jehanabad, District Jehanabad
                   4. The Junior Engineer, District Electricity Office,
                      Jehanabad, District Jehanabad
                                                                 .... Respondents

                 For the Petitioner : Mr. Rajesh Kumar, Advocate
                 For the Respondents : Mr. Vinay Kirti Singh, Advocate


3   02.09.2011

Heard learned counsel for the petitioner and

the Respondents.

Petitioner seeks direction to the respondents

for making payment of compensation to the

petitioner, whose husband has lost life due to

negligence and carelessness of the Respondent –

Bihar State Electricity Board as while coming from

Kako to his home, a high tension electric wire, after

snapping, had fallen on the back of the husband of

the petitioner immediately electrocuting him causing

death.

However, it is submitted on behalf of the
2

respondents that the petitioner has approached this

Court without approaching the concerned authority.

Though a statement has been made in

paragraph no. 9 that the petitioner has approached

the respondents for grant of rupees ten lacs by way

of compensation, however, it has neither been

stated as to whom she had approached nor is any

copy of such representation or application has been

appended with this application. In the absence of the

above, it would be very difficult for this Court to

give a positive direction in this matter.

Accordingly, this application is being

disposed of with a direction to the petitioner to

approach the respondent no. 2, Secretary, Bihar State

Electricity Board, by filing a representation giving

all the details therein as, according to learned

counsel appearing for the respondents, he would be

competent authority to decide the matter.

Before parting with the matter, it would be

necessary to mention that the guidelines issued by the

Board as contained in memo no. 891 dated

12.11.2005, a copy of which was produced by the
3

petitioner at the time of hearing of this case, disclose

that a sum of Rs. 25,000/-, which was later on

enhanced to Rs. 50,000/- by subsequent guideline

dated 1.10.2007, is to be paid immediately as ex

gratia.

Thus, it would be open for the

respondents to act in accordance with the guidelines

as aforesaid.

If such application is made by the

petitioner within three weeks along with a certified

copy of this order then the same should be disposed

of by the concerned respondent within three months

thereafter.

Spd/-                              ( Dr. Ravi Ranjan, J.)