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1991 Supreme(Ori) 145

P.C.MISRA, S.K.MOHANTY
PADMA BEHARI LAL – Appellant
Versus
ORISSA STATE ELECTRICITY BOARD – Respondent


Advocates Appeared:
B.K.NAYAK, B.N.RATH, B.R.SARANGI, G.RATH, P.K.PATNAIK, R.N.MOHANTY

P. C. MISRA, J.

( 1 ) THE petitioner in this writ application is an unfortunate father whose son Abhiram Lal died on 9-6-1988 at about 1. 00 a. m. near Manikghosh bazar in the town of Cuttack having come in contact with a live electric wire detached from the electric pole. He was coming on a bicycle and could not know of the existence of the hanging live wire and got electrocuted when he came in contact with the said live wire. The petitioner has prayed for a direction to the opposite parties to pay adequate compensation which, according to the petitioner, occurred on account of the gross negligence of the Electricity Board.

( 2 ) THE petitioner has alleged that the Electricity Board is guilty of negligence as due care and caution was not taken by it for maintenance of the electric wires used for supply of electricity and it has further been alleged that in spite of information to the local electric sub-station, no preventive action was taken to disconnect the power line even after the detachment of the live wire from the electric pole. The petitioner issued a notice to the Electricity Board on 2-11-1989 claiming a compensation of Rs, 1,00,000/- (Rupees One lakh only) copy of whi








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