JUDGMENT
Amitava Roy, J.
1. Heard Mr. Malique, learned Counsel for the petitioner and Mr. Das, learned standing council, Assam State Electricity Board (hereinafter referred to as the ‘Board’).
2. The petitioner seeks to invoke the extra-ordinary jurisdiction of this Court for compensating the death of her husband Md. Jalil Sheikh (since deceased) following his electrocution on 17.8.1999.
3. Shortly, the background leading to the instant proceeding has to be narrated. According to the petitioner, her husband was an agriculturist and earning his livelihood from his exploits in the fields. On the fateful day, while he was proceeding towards his land, the tip of his umbrella got in touch with the sagging live transmission line leading to his instantaneous death. On receipt of the information, Chapar PS case No. 11.1999 was registered. The postmortem examination of the deceased was conducted at the Civil Hospital, Dhubri. The postmortem report revealed the cause of the death to be high voltage burn.
4. According to the petitioner, her son at 9 A.M. on the morning of the day of occurrence, had lodged a complaint with the Sub Divisional Officer, ASEB Chapar Sub Division about a leaning electric post and the drooping electric wire attached thereto which ultimately was the live cause of the incident.
5. It has been alleged that one 11000 KV high voltage electric wire from Bongaigaon Thermal Power Station, Salakati to Bahalpur was carried on timber posts one of which, as a result of natural causes, became loose and inclined because of which live wire was lowered to a height of about 6′ above the ground. According to the petitioner, one Amir Hussain, son of Mustt. Amena Bewa also at about 9 A.M. on the day of the occurrence made a complaint with the Assistant Executive Engineer, ASEB, Chapar Division, Chapar, but the same was not attended to. The petitioner has asserted that the incident occurred because of the negligence of the Board in not taking appropriate remedial measures in terms of the Electricity Act and the Indian Electricity Rules, 1956 (hereinafter referred to as the ‘Rules’). It has been inter alia stated that the petitioner’s husband was aged about 55 years at the time of his death leaving behind the petitioner, sons and daughters who are unemployed, some of them being minors.
6. The board in its counter while dismissing the allegation of negligence, has pleaded that, though on the day of the accident at 9-30 A.M. one Md. Aftab Ali of village Rangamati made a complaint mat one 11 KV Sal post was leaning in the muddy paddy field, as no telephonic contact was feasible for asking the Kokrajhar Sub Station to shut down the transmission of 11KV Kokrajhar- Chapar line, the unfortunate accident had occurred. According to the Board, in view of insufficiency of time, repairing work could not be done. There being no negligence or default on its part, it could to be held to be liable.
7. The Enquiry Report submitted by the Chief Electrical Inspector indicates the cause of the accident to be as hereunder:
Possible cause of the accident:
1. A 11 KV pole became slanted during heavy rain as the pole foundation became loose in the muddy field.
2. The protective device to make the line dead did not operate as the line did not touch the ground.
3. The ASEB failed to repair the line in time.
4. There was lack of awareness about danger from electrical line on the part of the victim.
According to the said authority, the Board in not maintaining the transmission line as required had contravened Rule 29 of the Rules.
8. While reiterating the pleaded assertions, Mr. Malique has urged that it being apparent from the attending facts that the Board was negligent in maintaining the transmission line in the manner, it was obliged in law to do and the accident having occurred therefore, the petitioner is entitled to the compensation as claimed. According to him, the negligence of the Board is amply established by the findings of the Chief Electrical Inspector as recorded in his report.
9. Mr. Das has argued that the petitioner’s husband having voluntarily contributed to the accident and there being no deliberate or intentional lapse on the part of the Board or its officers, no relief as prayed for, ought to be granted. As the complaint with regard to the sagging transmission line was received only on 17.8.99, the date of the incident, the inability of the Board to immediately attend thereto in view of the prevailing practical difficulties cannot be construed in any manner, to be its negligence rendering it liable for the compensation
10. The rival submissions have been duly considered. The accident is admitted. It is apparent from the pleadings of the parties that at the time of accident, the transmission line was hanging about 6′ height from the ground and that the tip of the umbrella of the deceased having come in contact therewith, the same was energized resulting in his electrocution and death. In view of the competing submissions, it would be expedient to turn to the report of the Chief Electrical Inspector. It appears therefrom that at the relevant time, the protective device to shut the line was not in operation, as the same did not touch the ground. It further indicates that the Board lacked in awareness about the inherent danger from the condition of the transmission line and that it had failed to repair the same in time. Contravention of Rule 29 of the Rules has also been affirmed.
11. The above provision of the Rules requires that–all electric supply lines and apparatus shall be of sufficient ratings for power, installation and estimated fault current and of sufficient mechanical strength, for the duty which they may be required to perform under the environmental conditions of installation, and should be construed, installed, protected, worked and maintained in such a manner as to ensure safety of human beings, animals and property.
12. Under the law, a very onerous obligation is cast on the Board in transmitting and supplying electrical energy. Having regard to the nature of the enterprise undertaken, the Board has to be extra vigilant and cautious so much so that the lives and properties of persons are not exposed to any risk or fatal consequences. This makes it incumbent on the Board to be meticulously watchful about the installation for supplying such energy so that any omission it maintaining the same would make it liable for all adverse consequences flowing therefrom following the principle of strict liability.
13. In view of the above and having regard to the facts and circumstances of the case, I am of the opinion that the Board is to be held liable for paying compensation to the petitioner for the accidental death of her husband. The accident could have been avoided had the Board been cautious and immediately attended to the complaint. The explanation provided before this Court rendering it unable to shut down the transmission line namely, unworkable telephone system is far from convincing.
14. Having decided so, the amount of compensation payable has now to be quantified. The husband of the petitioner at the time of his death was aged about 55 years. It is apparent from the petition that he was an agriculturist and two of his sons at the relevant time were major, though they have stated to be unemployed. Regarding the income of the deceased the facts are insufficient. As it is, compensation under Article 226 of the Constitution of India is in the nature of palliative and some guess work is inevitable. Considering the age of the deceased and his avocation for livelihood, an amount of Rs.75,000/- as compensation would meet the ends of justice. Ordered accordingly.
15. It is submitted at the Bar that in terms of the order of this Court, an amount of Rs. 20,000/- has already been paid to the petitioner. The same is borne out by record. In that view of the matter, the Board would disburse the balance amount of Rs. 55,000/- to the petitioner on her proper identification. The payment should be made within a period of six (6) weeks from the date of receipt of the certified copy of this order.
16. The petition stands disposed in the above terms. No costs.