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DEVASHIS BARUAH
Mamtaz Begum W/o Lt. Shahidul Islam @ Shahidul Islam – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. M. Hussain, the learned counsel appearing on behalf of the Petitioner and Ms. S. Baruah, the learned Government Advocate appearing on behalf of the Respondent Nos. 1 and 6. I have also heard Mr. J. K. Goswami, the learned Standing counsel appearing on behalf of the Respondent Nos. 2, 3, 4 and 5.
2. The instant writ petition has been filed by the Petitioner claiming compensation on account of the death of the husband of the Petitioner due to the negligence of the Respondent Nos. 2 to 5.
3. The materials on record shows that on 18.07.2019 at about 1 PM, the husband of the Petitioner went for catching fish in Kurmi Beel of Goalpara District and suddenly the electric live wire was torn and fell on the body of the husband of the Petitioner. Resultantly, the husband of the Petitioner died on the spot. The brother-in-law of the Petitioner thereupon filed an FIR before the Goalpara Police Station which was registered as Goalpara P.S. U.D. Case No.21/2019.
4. The post-mortem of the husband of the Petitioner was carried out on 18.07.2019 itself and it was opined that the death was on account of cardiac arrest due to electric burns which were ante-mortem in nature. Thereupon,
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.
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 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 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 liability of the electricity company under the Electricity Act, 2003 for negligence leading to a fatal accident and the entitlement of the depe....
The main legal point established in the judgment is the liability of the respondents to pay compensation for death due to electrocution, based on their negligence in maintaining the electric wires, a....
Court awards statutory Rs.5 lakhs electrocution compensation, permits enhancement claim before Legal Services Authority.
The main legal point established in the judgment is that the respondents were held liable for the deaths due to sheer negligence, and the compensation was awarded based on the principles of motor acc....
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