Judgment

Bhan, J.—Leave granted in Special Leave Petition (C) No. 5591 of 1999 & 9788 of 1998.

2. In this batch of three appeals the questionwhich arises for determination is as to whether the High Court was justified in exercising its power under Article 226 of the Constitution of India and award compensation to the respondent writ petitioners even though the appellants – who was the respondent in the writ petition – had denied the liability on the ground that the deaths had not occurred as a result of their negligence but because of the negligence of the respondent themselves or of an act of God or because of an act of some other persons. These appeals were ordered to be listed along with the case – Chairman, Grid Corporation of Orissa Ltd. (GRIDCO) and others Vs. Sukamani Das (Smt.) and another, [(1999) 7 SCC 298], but were delinked as the service had not been completed on the respondents. The Bench disposed of the batch of 10 appeals and these appeals were ordered to be heard after service is complete.

3. The facts of Civil Appeal No. 1726 of 1999 arising against the order passed by the High Court of Orissa in Writ Petition bearing OJC No. 13281 of 1997 are:-

One Themba Bhim, a co-