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. Ismail Ali aged about 12 years, Md. Saleman Ali aged about 10 years and Md. Safior Islam aged about 7 years. The Petitioner claims for compensation of Rs. 5 (five) lakhs from the Respondents. The electricity authority contested the claim by filing an affidavit-in-opposition. In their affidavit-in-opposition the contesting Defendants stated that due to heavy thunder storm and rain at Garugaon village from 18.6.2001 branches of trees were falling down as a result of which one 11 KV line from 33/11 KV Abhayapuri Sub-division snapped on 19.6.2001 and unfortunately at that very moment the deceased husband of the writ Petitioner, who was passing through that place came in the contact with the live conductor and got electrocuted. Denying allegation of negligence on the part of the electricity authority, it was averred, in the affidavit-in-opposition, that the line was automatically cut down as soon as the conduction came in contact with the ground by blowing D. O. fuses at Thakuranipara. It was further stated that it was beyond the control of the Respondent Board to prevent the death of the deceased. On being called for the Chief Electrical Inspector-cum-Advisor i.e. the Respondent No. 3 submitted the enquiry report in connection with death of the husband of the Petitioner. The report aforesaid, inter-alia, reads as follows:

(B) Circumstances that lead to the accident : From the available information which include material furnished by ASEB and statement of some eye witnesses, it appears that the accident occurred as below:

In the morning of 19.6.2001 the victim Md. Hanif Ali sent to paddy field for ploughing. When he returned home at about 8.30 A.M. he come into contact of a 11 KV live conductor. From the copy of Ajahar submitted to the O.C. Bijni Police Station by Md. Ajad Ali, statement of 3 (three) eye witnesses and report of ASEB, the enquiry officer is of the view that:

(a) The branch of a nearby tree fell on the 11 KV line (drawn from 33/11 KV, Abhayapuri Sub-Station) due to storm.

(b) The conductor of the 11 KV line snapped when the branch of the tree fell on the 11 KV line conductor.

(c) The victim came into contact with the 11 KV snapped conductor which was live, while crossing.

As per Post Mortem Report it is mentioned that there were "Multiple, gerrated, burnt line on rear on the chest, both hands and legs" and it is recorded by the Doctor who had conducted the Post Mortem that-- "In my opinion, the death is due to hypovolemic shock as a result of heavy electric shock.

(C) Possible cause of the accident and breach of provisions of Indian Electricity Rules 1956, if any:

It is clear that the victim was electrocuted due to coming into contact with a snapped conductor. But it is difficult to come to a clear conclusion whether (a) the live conductor fell on the p