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2009 Supreme(Gau) 885

C.R.SARMA
Mosht. Moriom Bewa – Appellant
Versus
Assam State Electricity Board – Respondent


Advocates:
Acts/Rules/Orders:
Electricity Rules, 1956 - Rule 91; Constitution of India - Article 226

JUDGMENT

C.R. Sarma, J.

1. Heard Mr. A.S. Choudhury, learned Senior Counsel assisted by Mr. I.H. Saikia, learned Counsel appearing for the Petitioner. Also heard Mr. D. Bhattacharjee, learned Counsel appearing for the Respondent Nos. 1, 2, 4, 5 and 6. None appears for the State Respondent Nos. 3.

2. By this petition under Article 226 of the Constitution of India the Petitioner has sought to invoke the extra ordinary jurisdiction of this Court for compensating the death of Md. Hanif Ali, who was the husband of the Petitioner. According to the Petitioner late Hanif Ali (here-in-after called "deceased") died on 19.6.2001 following electrocution in his agricultural field, while crossing the live wire which was lying on the ground. According to the Petitioner the accident took place due to sheer negligence of the Respondent authorities due to their failure to repair and maintain the electric line. It is stated that the deceased was 45 years old at the time of his death and he was the sole bread earner of the family consisting of the Petitioner, her mother-in-law Mosht. Jamila Bewa aged about 67 years and their daughter Miss. Tahara Khatun aged about 16 years and their sons namely Md. Ismai
















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