JUDGMENT

A. K. SAMANTARAY, J. — The petitioners in this writ petition under Articles 226 and 227 of the Constitution of India have claimed compensation from the opposite parties for the death of the deceased Rabindra Nayak due to electrocution.

2. Petitioner No. 1 is the wife and the petitioners 2, 3 and 4 are the minor daughters and son of the said deceased Rabin¬dra Nayak who had electrocution death on 30.3.1997 at pre-dawn hour when he had been to the house of one Babaji Nayak with one Prahallad Palei to call him for thatching of a house. The deceased was daily labourer and only bread winner of the family. While on the fateful morning on 30.3.1997 he set out of his house and proceeded on the village road to reach the house of Babaji Nayak without any premonition of the impending danger that awaited him there near the house of Babaji Nayak on the road, his legs came in contact with snapped live electric wire which fell on the ground and he was instantaneously electrocuted. He fell down and died within no time. The village of the deceased coming under Kendrapara police station jurisdiction FIR was lodged in the same morning at 9.00 A.M., U.D.Case was registered, inquiry taken up, dead body was put to post mortem examination and in the post mortem report cause of death and injuries sustained was found to be accidental electrocution and burn injuries.

3. The petitioners in this writ petition attribute the death of the deceased to the utter negligence of the Management of the opposite parties Grid Corporation of Orissa Ltd., (herein¬after referred to as the “Corporation”) and prayed for issuing direction to the opposite parties to compensate them to the tune of Rs. 2 lakhs.

4. To squirm out of the situation a counter affidavit has been filed by the opposite parties disclaiming the liabilities and it is pleaded therein that the circumstance under which the deceased Rabindra Nayak faced the accident was not due to latches or negligence on their part. It is pleaded that the electric wires drawn to lift irrigation points run in the south east corner of the house of Babaji Nayak and due to violent storm followed by heavy rain in the night electric wire snapped from the pole and fell on the homestead of said Babaji Nayak and while the deceased was going to call him he came in contact with the live wire and was electrocuted. It is also pleaded that transmission and distribution of electricity is regulated by Elec¬tricity Act, 1948 and the Rules framed thereunder and there is no provision in the said Act and Rules to guard the electric power distribution lines drawn in the remote areas and during pre-monsoon checking no defect was detected in the line and as such there was no negligence on the part of the opposite parties and since they have no control over the previous night storm and rain and the same being an act of God (Vis Major) no liability can be fastened to them to compensate the petitioners. Besides, the opposite parties have questioned the maintainability of this petition on the ground that on the face of controversial facts specifically on the age and wage of the deceased proof of which is required to be rendered through evidence adduced on that score to determine the compensation, the same cannot be adjudicated effectively in this writ petition which is heard and decided on affidavits of the parties only.

5. From the above pleadings we gather the following admit¬ted position :

It is admitted fact that the responsibility of the electric energy supply in the locality where the accident occurred was statutorily conferred on the Corporation. It is further admitted position that death of the deceased was due to electrocution on his unknowingly coming in contact with live electric wire that snapped from the pole and was lying on his path to the house of Babaji Nayak. It is also admitted that the voltage of electricity transmitted through the wires is potentially of dangerous dimen¬sion and in the event of its snapping and left to