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MICHAEL ZOTHANKHUMA
Asma Khatun, W/o. Late Monowar Hussain @ Monowar Islam @ Nongar – Appellant
Versus
Assam Power Distribution Company Ltd. – Respondent
JUDGMENT :
Michael Zothankhuma, J.
1. Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard Mr. K.P. Pathak, learned counsel for the APDCL and Mr. S.R. Baruah, learned counsel for the respondent No.5.
2. The petitioner’s case is that the petitioner’s husband died due to electrocution on 16.05.2011, while drying his clothes in his residence. The petitioner’s husband suffered electrocution from the supply line of the Electricity Department due to which he lost his life. In the post-mortem conducted on the body of the petitioner’s husband, the Doctor opined that the cause of death was due to electrocution. Due the death of the petitioner’s husband Sri Monowar Hussain @Monowar Islam @Nongor due to electrocution, Mankachar P.S. U/D Case No.02/2011 was registered. The Office-in-Charge of the Mankachar P.S. submitted his final report on 06.08.2011 in the Mankachar P.S. U/D Case No.02/2011, to the effect that the injury on the deceased was ante-mortem in nature and in his opinion, the cause of death is shock and haemorrhage as a result of rupture of the heart due to electrocution.
3. The petitioner thereafter made a claim for payment of compensation due to the premature death of h
Compensation for electrocution is awarded under the 2019 Regulations, with interest applicable only from the date of enactment, not retrospectively.
The main legal point established in the judgment is the principle of strict liability, emphasizing the responsibility of the APDCL authorities for the electrocution accident and the need for prompt d....
Compensation for electrical accidents is warranted under the Regulation of 2019 if the accident is attributable to the fault of the licensee, even partially.
The petitioner is entitled to Rs.4,00,000 compensation for death due to electrocution, with interest at 12% per annum after 120 days from the claim submission date.
The principle of strict liability applies to the Electricity Board, which is bound to compensate the claimants for accidents related to its functioning.
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