JUDGMENT

MR. BISWANATH RATH, J.- The Petitioner, who is a minor alleging to be suffering from electrocution, has filed the Writ Petition seeking a direction directing the Opp. Parties to pay compensation amounting to Rs.6,75,000 (rupees six lakhs seventy-five thousand) along with interest @ 12% per annum from the date of mishap till payment. The facts as narrated by the Petitioner is that the victim while going to give food to her father on 30.05.2011 came in contact with an electric wire of 11 K. V. connection suddenly snapped from the pole & fell on the head & consequently the right hand of the Petitioner got burnt. During her treatment the doctor was compelled to ampute 1/3rd of the right hand fore-arm of the Petitioner. The family of the Petitioner got terribly disturbed & as they were attending the victim in the hospital they lodged F.I.R. in the Jankia Police' Station vide P.S. Case No.140 of 2011 on 09.07.2011. It is alleged that Chief District Medical Officer, Khurda examined the Petitioner & granted a Disability Certificate against the Petitioner indicating disability up to 70%. The Petitioner has also filed a copy of the said Disability Certificate in the Writ Petition. It is further alleged by the Petitioner that the Petitioner was hardly 13 years at the time of the incident & she is a girl child from a poor family. Due to negligence of the Opp. Parties, she became disabled with 70% & suffering although her life. The family of the Petitioner spent lot of money for her treatment & approached severally to the Opp. Parties for compensation on the suffering of the Petitioner for their negligence but, the Opp. Parties did not co-operate in the matter rather avoided the claim of the Petitioner taking some plea or other. The Petitioner finding no alternative approached this Court & claimed compensation amount of Rs.6,75,000 (rupees six lakhs seventy- five thousand) along with interest @12% per annum from the date of mishap. .

2. Per contra, the Opp. Parties on their appearance filed a counter strongly denying the allegations made against them. The Opp. Parties in their counter went to the extent of submitting that the accident as narrated by the Petitioner was beyond the knowledge of the Opp. Parties, they have even gone to the extent of denying that there is no accident even. Opp. Parties have also submitted to lack any knowledge of any F.I.R. being lodged by Jaykrushna Sehera, the grandfather of the Petitioner & they strongly disputed the disability certificate. The Opp. Parties refused to accept the responsibility on the ground that there was no information at all to them of this accident at any point of time. The Opp. Parties further submitted that there is no material to prove on spending for her treatment. They disputed the allegation of suffering by the Petitioner on account of electrocution.

It is in these premises, the Opp. Parties claimed that the present dispute cannot be decided in a matter in exercise of power under Article 226 of the Constitution of India. During the pendency of the Writ Petition, the Opp. Party No.3 filed an additional counter affidavit 0 07.01.2014 indicating therein that the aforesaid accident has been enquired by the Sub-divisional Officer (Electrical), Jankia on 31.05.2011 & the said Sub-divisional Officer (Electrical), Jankia submitted a report clearly indicating therein that some miscreants cut the existing stay wire on the 11 K. V. line at Rambhabilly for which the pole became bend & the 11 K.V. conductor (one spam) was in sagging position for which the above non-fatal accident occurred. Considering the said theft, the Junior Engineer of Jankia Electrical Section submitted an F.I.R. in Jankia Police Station alleging the said incident dated 30.05.2011. In filing this affidavit, even though the Opp. Party No.3 denied any negligence attributed to the Department but claimed that the accident was unintentional & due to mischief played by the miscreants & said act can be called as act of God.