Point of Law : No ex-gratia payment or any benefit for the death of their loved one while on duty has been paid to the petitioners by the Government.

JUDGMENT :

Heard Mr. Zoramchhana, learned counsel appearing for the petitioners and also heard Ms. Linda Fambawl, learned Government Advocate appearing for the State respondents and Mr. R. Lalnunpuia, learned counsel appearing for respondent No.7.

2. The facts and circumstances of the case as it has emerged from the submissions of the learned counsels and from the pleadings of the parties are briefly stated as follows:-

The husband of the petitioner No.1 and the father of the petitioner Nos.2 to 5 Lt. Laltlankima who was serving as Constable in Mizoram Police and posted in the reserved line of Mamit district was detailed for law and order duty in connection with Marpara Case No.2/17 vide order No.SP/MMT/RO/L&O/118(A)/2013/704 dated 18/7/2017 issued by the Superintendent of Police, Mamit district. Following the issuance of the said order Late Laltlankima went on duty along with his colleagues to a jungle nearby Silsury village to find out two missing persons. While they were in the course of performing their assigned duty Lt. Laltlankima came in contact with a low height 11 KV power line and he was electrocuted and he died at the spot. His dead body was taken to Phuldungsei Primary health centre for post mortem after inquest over the same was conducted at the spot. As per the post mortem report a copy of which was annexed to the writ petition the cause of death of Lt. Laltkankima was due to accidental electrocution. After all that was done an enquiry report was submitted by one S.I. namely, C.Lalchhuanawma of Marpara Police Station on 27/7/2017 and the case was registered as MPR PS U/D Case No.1/2017. The report of the S.I stated that on receipt of information that one Laltlankima who was on law and order duty at Silsury has been electrocuted by electric wire which was hanging at about 3 feets high from the ground. He went to the place of occurrence and on reaching the same he found the dead body of Laltlankima and he conducted the inquest report immediately in the presence of two witnesses. And thereafter, he sent the dead body for post mortem examination, to ascertain the cause of death and, when the same was over, the dead body was handed over to the family members.

Being aggrieved by the death of Lt. Laltlankima the petitioners through their legal counsel served a legal notice dated 12/9/2018 to the respondents for payment of adequate compensation on the ground that death occurred due to the negligence of respondent Nos. 1 to 5 and the employees under them. The same was sent by registered post and it was duly received by the respondents. However, no positive response came forth, therefore the petitioners are here before this Court claiming that the only bread earner of the family had died due to negligence of the respondent Nos. 1 to 5 and the employees under them therefore, adequate compensation should be given to them by the respondents.

3. The respondent Nos. 1 to 5 after receiving the notice filed a joint affidavit-in-opposition and in the affidavit it is stated that after the information regarding the electrocution of Lt. Laltlankima came to their knowledge, one Er.Liansangvunga, Sr. Executive Engineer was deputed on 24/7/2017 to make enquiry and as per his finding the village council of Silsury West excavated the earth near a double pole of 11 KV line for construction of Bazar building at Silsuri under NREGS and this excavation had caused the electric post to bend and that in turn made the line to hang very low. It is also stated that the Department was not aware of these facts and had it come to their knowledge corrective measures could have been taken in time. Therefore, the accident was not because of their negligence.

4. After the said affidavit was filed, the petitioner impleaded the RD Department and village council authority of Silsury village. An affidavit was filed on behalf of the village council by the President of the council and in his affidavit the President stated that the village council of Silsury did not m