JUDGMENT :

Manish Choudhury, J.

1. The subject-matter in this writ petition filed under Article 226 of the Constitution of India is a claim for compensation lodged for the death of one Monirul Hoque [hereinafter also referred to as 'the deceased', at places, for easy reference] on the ground that his death had occurred in an electrical accident which took place on 16.07.2015 and due to non-disbursal of such compensation, a direction has been sought for to the respondent authorities which includes erstwhile Assam State Electricity Board, which entity after re-construction became known as Assam Power Distribution Company Limited [APDCL] to grant adequate compensation.

2. The relevant background facts, in brief, leading to the institution of the writ petition, as found averred in the writ petition, are as follows:-

2.1. The petitioner is the father of one Monirul Hoque. The family of the petitioner resides in Village-Rajaghat, Mouza-Bhawanipur, Police Station & District-Barpeta. It is projected that at around 9-00 a.m. on 16.07.2015, his son viz. Monirul Hoque, aged about 11 [eleven] years, got electrocuted when he came in contact with a live electrical wire which was lying in front of the house of one Montaz Ali and as a result, Monirul Hoque died on the spot. The dead body of the son of the petitioner was immediately taken to the F.A.A. Medical College & Hospital [FAAMCH], Barpeta where the post-mortem examination on the dead body of Monirul Hoque was performed on 16.07.2015. The uncle of Monirul Hoque viz. Nazrul Hoque lodged one First Information Report [FIR] before the In-Charge, Bhawanipur Police Out-Post reporting the incident of death of Monirul Hoque on the date of the incident itself i.e. on 16.07.2015 itself. Based on the report of the post-mortem examination, the petitioner has asserted that the death of his son had occurred due to electrocution.

2.2. After the death of Monirul Hoque on 16.07.2015, the petitioner had submitted a representation dated 03.11.2015 before the respondent no. 4, an authority under the APDCL, with a prayer to grant compensation for the death of his son who died due to electrocution after getting in contact with a live electrical wire lying on the ground. It was represented that there was negligence and lack of care on the part of the respondent APDCL authorities and because of such negligence and lack of due care, the snapped wire was lying on the road in a live condition and the minor son of the petitioner without being aware, touched the same which resulted in his instantaneous death.

3. The writ petition was filed on 03.06.2016 and notices were issued to the respondents on 08.06.2016. Despite institution of this writ petition as far back in the year 2016, no response has been filed on behalf of the respondent APDCL authorities despite elapse of more than 5 [five] years. The respondent no. 3 i.e. the Chief Electrical Inspector, Government of Assam has filed its counter affidavit on 01.06.2018, but without the electrical accident inquiry report attached to it. It was pursuant to an order dated 16.11.2021, the respondent no. 4 had filed an affidavit, on 22.11.2021, bringing the electrical accident inquiry report on record.

4. Heard Mr. S.U. Ahmed, learned counsel for the writ petitioner. Also heard Ms. M. Barman, learned Junior Government Advocate for the respondent nos. 1 & 3 and Mr. K.P. Pathak, Standing Counsel, APDCL for the respondent nos. 2 & 4.

5. Mr. Ahmed, learned counsel for the petitioner has submitted that the electrical accident had occurred due to the fault on the part of the APDCL authorities and there was no negligence on the part of the victim. Referring to the electrical accident inquiry report submitted by the respondent no. 4, he has submitted that the inquiry report therein indicated that the accident occurred by the side of the public road at Village-Rajaghat. The victim came in contact with a live electric wire which was lying on the road side after being snapped. It is his fur