The main legal point established in the judgment is the principle of strict liability, emphasizing the responsibility of the APDCL authorities for the electrocution accident and the need for prompt disbursal of compensation.

JUDGMENT

Manish Choudhury, J. - The subject-matter in this writ petition filed under Article 226 of the Constitution of India is the death of the victim, Late Manuj Konch claimed to have occurred in an accident due to electrocution and a direction has been sought to the respondent APDCL authorities to grant adequate compensation for such death.

2. The relevant background facts, in brief, leading to the institution of the writ petition are as follows : the petitioner is the father of one Manuj Konch. The family of the petitioner resides in Village Soru Ajoha, Post Office Kolakata, Police Station Dhemaji, District Dhemaji, Assam. It is projected that on 18.09.2016, the son of the petitioner was taking bath near the tube-well located inside the premises of their residence. Due to sudden carriage of high voltage of electricity in the electrical lines, caused by a damaged transformer, in the locality under Dhamaji Electrical Sub-Division, APDCL, Manuj Konch received shock due to electrocution. Though Monuj Konch was taken to the nearby health facility, Bengenagarah CHC immediately, but the Medical Officer, NHRM at Bengenagarah CHC vide Cadaver Slip declared that the victim was brought dead to the Centre. An application reporting the death vide death report was duly submitted and the Registrar of Birth and Death, Bengenagarah CHC, District Dhemaji had issued a death certificate recording the death of Late Monuj Konch on 18.09.2016 vide Death Certificate dated 01.10.2016. In connection with the said death of the victim, a First Information Report (FIR) was made before the In-charge, Machkhowa Out Post under Dhemaji Police Station by the petitioner on 09.10.2016 and the same was recorded as Machkhowa Out Post General Diary Entry No. 149 dated 10.10.2016.

2.1. The deceased was aged about 22 years of age and he was the elder son of the petitioner. The deceased was a Graduate in Arts and after passing is B.A. examination in the year 2015, he took admission in M.A. Course in Sociology in Dibrugarh University in the year 2016.

2.2. It is the case of the petitioner that when despite the fact that the death of the deceased was caused due to electrocution for faults attributable on the part of the respondent APDCL authorities, no compensation had been paid. The petitioner approached the respondent no. 1 by filing a representation on 17.02.2017 seeking adequate compensation for the loss suffered by the family due to the death of Monuj Konch. As no response was received from the respondent APDCL authorities with regard to the said representation, the petitioner has approached this Court by way of this writ petition seeking the relief, stated above.

3. Heard Mr. K.R. Patgiri, learned counsel for the petitioner. Also heard Mr. D. Bhattacharjee, learned Standing Counsel, APDCL for respondent nos. 1-3 and Mr. G. Pegu, learned Junior Government Advocate for respondent nos. 4-6.

4. Projecting as above, it is submitted by Mr. Patgiri that the electrical accident was caused due to fault on the part of the respondent APDCL authorities and there was no negligence on the part of the victim. Referring to the Electrical Accident Enquiry Report submitted by the respondent no. 6, he has submitted that it has been established that the death was due to carriage of sudden and abrupt high voltage of electricity in the electrical line of the motor connected to the tube-well, which was unexpected. The deceased was simply taking bath near the tube-well located inside his house premises. He has further submitted that despite occurrence of the event of death in the year 2016, the respondent APDCL authorities were lackadaisical in their approach and have not provided due compensation to the family of the victim. He has submitted that the matters regarding high voltage of electricity in the locality and the death of the petitioner s son were brought to the notice of the Deputy Commissioner, Dhemaji by the local public. The Deputy Commissioner, Dhemaji caused an enquiry and i