JUDGMENT :

The subject-matter of this writ petition filed under Article 226 of the Constitution of India is a claim for compensation lodged for the death of one Nur Hussain [hereinafter referred to as ‘the victim’ and/or ‘the deceased’, for easy reference] on the ground that his death had occurred in an electrical accident, which took place at around 05-30 a.m. on 29.08.2020. Seeking invocation of the extra-ordinary jurisdiction, the writ petition has been instituted seeking inter alia a direction to the respondent Assam Power Distribution Company Limited [APDCL] authorities to grant adequate compensation as no compensation has been disbursed till date despite approach.

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

2.1. The petitioner is the wife of Late Nur Hussain, who was claimed to be a cultivator. At around 05-30 a.m. on 29.08.2020, Nur Hussain proceeded towards his paddy field. When he reached near the residence of one Khalilur Rahman of Kharballi village, the overhead electric wire suddenly fell down on his person and due to the intensity of electric shock received, he fell down on the ground unconscious. Having seen him in unconscious condition, the villagers took Nur Hussain to the nearby health facility, Barpeta Civil Hospital, Kalgachia but the doctors at the Barpeta Civil Hospital declared him as brought dead and by issuing a medical admission receipt dated 29.08.2020 [Annexure-1], the doctors advised for Post-Mortem Examination [PME] on the dead body of the deceased. After the dead body of Nur Hussain was handed over to the family by the Barpeta Civil Hospital, Kalgachia, the Post-Mortem Examination [PME] on the dead body of the deceased was performed at the Fakhruddin Ali Ahmed Medical College & Hospital [FAAMCH], Barpeta on 29.08.2020 pursuant to Kalgachia Police Station General Diary Entry no. 526 dated 29.08.2020. As per the PME Report, the death of the deceased was due to syncope as a result of electrocution during life and the approximate time of death was reported as 06 hours – 18 hours.

2.3. In connection with the death of Nur Hussain, the petitioner as the informant, lodged a First Information Report [FIR] before the Officer In-Charge, Kalgachia Police Station on 30.08.2020. On receipt of the FIR, a case of unnatural death i.e. Kalgachia Police Station U.D. Case no. 08/2020 was registered.

2.4. According to the petitioner, the death of Nur Hussain, due to electrical accident, was reported at the office of the respondent no. 4 by the local people immediately and the office staff from the office of the respondent no. 4 had also visited the place of occurrence thereafter.

2.5. Claiming that the electrical accident resulting in the death of the deceased took place due to negligence on the part of the respondent APDCL authorities, the petitioner stated to have submitted a Representation before the respondent no. 5 on 30.12.2020 and the respondent no. 5 had duly acknowledged the receipt of the Representation under his seal and signature on 30.12.2020. When no discernible action with regard to the matter of disbursal of compensation was taken by the respondent APDCL authorities, the petitioner has approached this Court by the present writ petition seeking the direction, mentioned above.

3. Heard Mr. S. Islam, learned counsel for the petitioner; Mr. B. Choudhury, learned Standing Counsel, APDCL for the respondent nos. 1, 3, 4 & 5; and Mr. B. Deuri, learned Junior Government Advocate, Assam for the respondent no. 2.

4. Mr. Islam, learned counsel for the petitioner apart from referring to the contents of the PME Report and the FIR lodged in connection with Kalgachia Police Station U.D. Case no. 08/2020, has submitted that an enquiry in respect of the electrical accident was conducted from the end of the respondent no. 2. From the findings of the Electrical Accident Enquiry Report submitted by the respondent no. 2, it has clearly em