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DEVASHIS BARUAH
Assam Power Distribution Company Ltd. – Appellant
Versus
District Legal Services Authority – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. The instant writ petition has been filed by the Petitioner which is a Public Limited Company challenging the award dated 8.4.2015 passed by the Respondent No. 1 in the Pre-litigation Case No. 2/2012.
2. The facts involved in the instant case is that the Respondent No. 2 had filed a petition before the Permanent Lok Adalat, Cachar, Silchar being Case No. PLA No. 2/2012. The translated copy of the said application is enclosed as Annexure- 1 to the writ petition. It transpires from the said application that an electric line of the Petitioner Company runs through the front side of the Respondent No. 2’s house. The said electric line was not properly maintained for a long time. On 01.06.2009 at around 5 AM when the son of the Petitioner aged about 11 years went under a mango tree to pick up mangoes, he got electrocuted when the electric line fell on the ground. At this the husband of the Petitioner and his brother went to the said place and found that the son of the Respondent No. 2 had already expired due to electric shock. The brother-in-law of the Respondent No. 2 informed about the incident to the Udarbond Police Station as well as the Petitioner Compa
The main legal point established in the judgment is the court's authority to deem an award null and void if passed without proper authority and jurisdiction, and the application of the Electricity Ac....
The court established that compensation claims for electrocution are not within the jurisdiction of the Permanent Lok Adalat as they do not concern the supply of electricity.
The Permanent Lok Adalat lacks jurisdiction to adjudicate compensation claims for death or injury due to electrocution, deeming them tortious disputes requiring civil trial.
Section 22(C) determine jurisdiction of Permanent Lok Adalat and it adumbrate that the Permanent Lok Adalat shall exercise jurisdiction in respect of any matter relating to an offence, which is compo....
Compensation for electrocution is awarded under the 2019 Regulations, with interest applicable only from the date of enactment, not retrospectively.
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