N.C.JAIN, A.H.SAIKIA
Fakir Chand – Appellant
Versus
State of Assam and others – Respondent
N. C. JAIN, C. J. :-- This Writ Appeal has been filed against the judgment of the learned single Judge granting compensation in the sum of Rs. 70,000.00 to the appellant, Fakir Chand, on account of the death of his wife, who died of electrocution as she came in contact with a snapped conductor.
2. The Writ Appeal is fixed for admission. We have thought it appropriate to dispose of the same on merits as both the counsel for the parties are present before us.
3. The learned single Judge recorded a finding that there was negligence on the part of the Assam State Electricity Board (ASEB). The counsel for the appellant has vehemently argued that the woman being aged about 35 years and a housewife, her services were quite useful not only to the husband, but to her children as well and for that reason the compensation amount of Rs. 70,000.00 is on the lower side.
4. Mr. N. N. Saikia, the counsel for the ASEB, on the other hand, while opposing the prayer for enhancement, has with equal vehemence contended that there being no averment regarding the income of the deceased in the writ petition, the learned single Judge has granted appropriate compensation. It has further been argued tha
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