JUDGMENT :

1. The subject-matter in the instant writ petition filed under Article 226 of the Constitution of India is a claim for compensation under the public law remedy for the death of one Kaishab Mani Brahma [hereinafter also referred to as ‘the deceased’, at places, for convenience] on the ground that his death had occurred in an electrical accident which took place on 10.04.2018. Due to non-disbursal of such compensation despite making the claim, a direction has been sought to the respondent authorities which includes the Assam Power Distribution Company Limited [APDCL], to grant adequate compensation.

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

2.1. The son of the petitioner is a resident of Village – Subankhata, Post Office – Barbori, District – Baksa, Assam within the jurisdiction of Barama Electrical Sub-Division, Lower Assam Region of the respondent APDCL. The deceased who was aged about 22 years, was a bricklayer and cultivator by occupation. On 10.04.2018, the son of the petitioner was at his residence and due to thunderstorm on that day, a bare live electrical wire got snapped from an electrical post nearby the residence of the deceased and fell on the ground. Kaishab Mani Brahma being unaware of the snapped wire, accidentally came in contact with the snapped electrical wire and got grievously injured. Kaishab Mani Brahma was immediately taken to the nearby health facility, Baksa Civil Hospital at Mushalpur by the local people for medical treatment but he succumbed to death on that very day, that is, 10.04.2018 at about 05-20 p.m.

2.2. About the cause of death of Late Kaishab Mani Brahma, the Medical & Health Officer Baksa, Civil Hospital, Mushalpur issued a Medical Certificate on 23.04.2018. As per the said Medical Certificate, the deceased died due to cardiac failure as a result of high voltage electrocution. The Registrar of Births & Deaths, Mushalpur, Primary Health Centre [PHC] issued a Death Certificate on 23.04.2018 recording the factum of death of Late Kaishab Mani Brahma on 10.04.2018.

2.3. The matter of accidental death of Late Kaishab Mani Brahma was reported at Barbori Police Station by the petitioner on 20.05.2018 and the said information was recorded by the Officer In-Charge, Barbori Police Station vide a General Diary Entry no. 344 dated 20.05.2018. After preliminary inquiry, the Officer In-charge, Barbori Police Station, Baksa had issued a Police Report recording that the deceased got electrocuted at his own residence due to detachment of an electric wire which fell down on the ground nearby the residence of the deceased following thunderstorm occurred just before the incident. It was also reported that Late Kaishab Mani Brahma was taken to the Civil Hospital at Mushalpur but the Doctors there declared him as brought dead. The death of the deceased due to electrocution was reported to be true in the Police Report.

2.4. The petitioner has claimed that he as the father of the deceased, is one of the Next of Kins [NoKs] apart from the mother of the deceased and the said fact is reflected from the verification report submitted by the Circle Officer, Baganpara Revenue Circle to the Deputy Commissioner, Baksa, Mushalpur vide a letter bearing no. BPR-63/2006/314 dated 03.07.2018 [Annexure-H]. It is the case of the petitioner that the respondent APDCL authorities were aware about the death of the deceased due to electrocution but the respondent APDCL authorities did not take any steps towards grant of compensation to the family of the petitioner, who lost their only bread-earner in the electrical accident on 10.04.2018. The petitioner has stated that he had approached the jurisdictional Deputy Commissioner, that is, the Deputy Commissioner, Baksa as well as the respondent APDCL authorities at Barama Electrical Sub-Division by filing Representations seeking appropriate relief. When no discernible action were found