T. Nandakumar Singh, J.;-

This intra Court appeal is directed against the judgment and order dated 07.11.2007 of learned Single Bench passed in WP (C) No. 1109 of 2002 directing the appellants (respondents in the writ petition) "to pay a sum of Rs.2 lakhs to each of the writ petitioners (respondent Nos. 1 and 2 in the present appeal) in respect of the death of their respective husbands due to electrocution. The said payment is to be made within a period of three months from today."

2. Heard Mr. Th. Ibohal, learned senior GA appearing for the appellants and also Miss Inaocha, learned counsel appearing for the respondents/writ petitioners.

3. The short fact, leading to filing of WP (C) No. 1109/02 is noted.

Respondent/writ petitioner No. 1, Smt. S. K. Shangring Lamkang is the wife of late Shri S. K. Thamwor Lamkang of Kotalkhunthak Village, P.O. Chandel, Manipur and respondent/writ petitioner No. 2, Smt. S. K. Shangtong Lamkang is also the wife of late S. K. Thamnok Lamkang of Charlong Village, P. S. Chandel, Manipur. Both the husbands of respondents/writ petitioners Nos. 1 and 2, on 22.4.2002 at about 1.15 p.m. were proceeding towards Chandel Headquarters for marketing after attending paddy field at Charlong Village. While they were approaching near Khongjam Village about 14 Km from Charlong Village or about 28 Km south-east from Chandel Police Station, they were electrocuted due to fall of H/T electric line, which attracted the scooter forcefully due to high tension. The said live wire (HT wire) fell down from its pole and contacted all over the bodies of both the husbands of the writ petitioners, thereby causing death on the spot then and there. Mrs. Shangnani and her husband Kumar of Larong Village first came to see the dead bodies with electrocution. Thereafter they informed the matter to the villagers of Khongjom, which is the nearest village and also informed the Chandel Police Station and, accordingly, a case being UD Case No. 1/2002 CDL P.S. under Section 174 Cr.P.C was registered. The dead bodies were brought to the RIMS mortuary for conducting post mortem examination by their relatives. Post Mortem examination was conducted at the mortuary of the RIMS Hospital.

4. After post mortem examination, the dead bodies were brought to their respective villages and buried in accordance with the Chonghai ritual on the next day. The deceased, S. K Thamwor Lamkang and S. K. Thamnok Lamkang are the only bread earners of their families. The cause of snap of H/T wire which resulted to instantaneous electrocution of the said two deceased were that the H/T wires were snapped and detached from the poles as the poles were not repaired for many years and also the negligent act of the respondents in maintaining the H/T wires and also the failure on the part of the respondents to provide guard for the H/T wires and also to take reasonable precaution to prevent the snapping of the old H/T wire stringing between the old poles. The bad condition of the electric poles and also the dangerous position of the H/T wire were timely reported to the Executive Engineer, Electricity Department, Chandel District (appellant-No. 3) and requested for repairing by one R.D. Kowar Anal, Chairman, Chief Area Association of Sulam, Chandel on 18.4.2002. But the respondent/appellant No. 3 had failed to repair the same. The chief of the village along with villagers of Vongku Village made a complaint on 22.03.2002 before the appellant No. 3 stating that the electric wire/pole between Khongo and Vongku village is deteriorating and likely to fall down at any moment. But, the authority replied that repairing work shall be done after Yaoshang festival (Holi festival). After Yaoshang festival the Khongjom villagers orally reported the matter but before repairing the electric poles the said incident, in which both the husbands of the writ petitioners were electrocuted, was occurred on 2.4.2002.

5. The respondent/writ petitioners also had submitted representation to the authorit

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