Ujjal Bhuyan, J.

1. This case was heard on 30.08.2018 and 17.09.2018 was fixed for delivery of order. However, for paucity of time, order could not be delivered on 17.09.2018. Accordingly, order is delivered today.

2. Heard Mr. K.R. Patgiri, learned counsel for the petitioner and Mr. N.J. Dutta, learned Standing Counsel, Assam Power Distribution Company Ltd. (APDCL).

3. Question for consideration in this petition filed under Article 226 of the Constitution of India is the claim for compensation by the petitioner on account of death of her husband due to electrocution.

4. According to the petitioner, her husband Harihar Nath had gone to visit the residence of his elder sister on 12.05.2013. On request of his sister, he stayed back in her residence that day. On the next day, i.e., on 13.05.2013, a group of labourers working under the contractor Shri Pradip Das came to the village of the sister for stretching of electrical wire under the Rajiv Gandhi Rural Electrification Scheme. While the group of labourers were trying to connect electricity wire near the house of Shri Akshay Das, a neighbouring villager, they requested the petitioner along with another person, namely, Banbahu Das to help them in the work. Husband of the petitioner and the other person went ahead to assist the labourers. While they were so engaged, they were electrocuted due to transmission of electricity from another wire because of which husband of the petitioner and Banbahu Das died on the spot. In the said accident, two of the labourers were also injured.

5. Son of Banbahu Das lodged first information before Salbari Police Station which was registered as Salbari PS (U/D) Case No. 2/2013 dated 13.05.2013.

6. On receipt of such first information, police personnel from the Salbari Police Station rushed to the place of occurrence and sent the dead-bodies to the Fakaruddin Ali Ahmed Medical College and Hospital, Barpeta for post-mortem examination. In due course, postmortem examination report was obtained.

7. Husband of the petitioner used to work as daily wage labourer and from his earning, he maintained his family comprising of his wife (petitioner) and two minor daughters. In this connection, a death certificate dated 20.4.2015 was obtained by the petitioner. Petitioner has alleged negligence on the part of the APDCL authorities because of which her husband came in contact with a live wire leading to electrocution and instantaneous death. Husband was aged about 35 years at the time of the accident. Due to death of husband of the petitioner, she and her minor daughters are left with no other source of livelihood. In such circumstances, petitioner had submitted a representation before the Chief General Manager, APDCL on 21.07.2015 for payment of compensation but without any success.

8. Aggrieved by inaction of the respondents on the claim of the petitioner, present writ petition has been filed seeking the relief as indicated above.

9. This Court by order dated 23.12.2015 had issued notice.

10. Respondent No. 4 in his affidavit filed on 28.07.2018 stated that an enquiry was conducted regarding the accident which took place on 13.05.2013 at village Bhuyanpara in the district of Baksa. Thereafter, enquiry report was prepared on the basis of detailed electrical accident report, post-mortem report and statements of eye witnesses. The enquiry report of electrical accident was submitted on 21.05.2018, copy of which has been annexed to the affidavit.

11. Respondent No. 5 in his affidavit has however denied any negligence on his part. It was because of contributory negligence on the part of petitioner's husband that the unfortunate accident took place leading to loss of his life.

12. Submissions made by learned counsel for the parties have been considered. Also perused the materials on record.

13. Section 161 of the Electricity Act. 2003 deals with notice of accidents and inquiries. As per sub-section (1), if any accident occurs in connection with the generation, transmission,