Ujjal Bhuyan, J.

1. Heard Mr. B. Chakraborty, learned counsel for the appellant and Mr. D. Bhattacharjee, learned Standing Counsel, Assam State Electricity Board (ASEB). By way of this writ appeal, appellant has sought for enhancement of the quantum of compensation awarded by the learned Single Judge in the writ petition filed by the appellant as the petitioner on account of death of his minor son in an electrical accident.

2. Facts lie on a narrow compass and are not disputed. In fact, order of the learned Single Judge has summed up the lis between the parties. Therefore, the order of the learned Single Judge dated 30.07.2013 passed in WP(C) No. 4300/2011 is quoted hereunder in its entirety:-

"Heard Mr. B. Chakraborty, learned counsel for the petitioner. Also heard Mr. D. Bhattacharyya, learned Standing Counsel, ASEB, I have also heard Mrs. H.M. Phukan, learned State Counsel. By means of this writ petition, the petitioner who is the father of late Sumon Das, has prayed for a direction to the respondents to pay adequate compensation for causing death of his son, who was aged about 9 years.

As stated in the writ petition, the son of the petitioner, late Sumon Das while was going to school accompanied by his younger sister Ms. Mamoni Das, met with an accident on 24.5.2002. The accident occurred at a place called Dakshin Golaghatia Basti at about 9.30 a.m. when the deceased son of the petitioner came in contact with a live wire hanging from the electric pole. After the accident, he was taken to hospital at Hojai and thereafter he was also treated at Guwahati Medical College and Hospital. However, he died in the night of 30.5.2002/31.5.2002. An FIR was lodged with the Police Station on the basis of which UD case No. 15/2002 was registered. Post-mortem etc. was carried out and as per the report the death was due to electrocution.

In the report furnished by the Chief Electrical Inspector, it has been stated that the death of the victim was due to non-compliance of the provisions of the Central Electricity Authority (Measures Relating to Safety and Electric Supply) Regulations, 2010, for lack of checking and corrective maintenance works. The report further reveals that a day before the accident, a goat was also electrocuted in the same place. After the incident, the people of the area had informed the staff/maintenance group of Hojai Electrical Sub-division verbally. Had the appropriate and proper maintenance measures being taken and had the line being regularly and properly checked by the concerned field officials of the Sub-division, the incident could not have taken place, the report has opined.

In the counter affidavit filed by the ASEB, it has been stated that no intimation regarding falling of the line from the pole had been furnished. The ASEB has also raised the question of delay in filing the writ petition.

It is on record that earlier the petitioner had approached the State Human Rights Commission but due to non-availability of the Chairman, the matter could not process. It is submitted that the said proceeding has been withdrawn and thereafter the instant writ petition was filed in 2011. It is really unfortunate that the ASEB authority has raised the question of delay on the part of the petitioner unmindful of their own negligence which caused the death of a minor son.

In view of the above, the writ petition is allowed directing the ASEB authority to pay compensation of Rs. 1,50,000/- (Rupees one lakh fifty thousand) only. The amount shall, be deposited with the Registry enabling the petitioner to withdraw the same upon proper identification. Let the amount be deposited with the Registry as early as possible, but at any rate not later than 31.8.2013."

3. Question for consideration is entitlement of the petitioner to receive higher compensation for the death of his son, who was aged about 9 years, due to electrical accident.

4. The fact that the deceased was the son of the petitioner and was aged about 9 years at the time of