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IN THE HIGH COURT OF ORISSA AT CUTTACK
BISWANATH RATH
Bhagaban Rout – Appellant
Versus
Executive Engineer, CESCO, Salipur – Respondent
| Table of Content |
|---|
| 1. overview of petition and circumstances of death. (Para 1 , 2) |
| 2. arguments for compensation and defense. (Para 3 , 4) |
| 3. court's reasoning on undisputed evidence of negligence. (Para 5 , 6 , 7 , 8) |
| 4. establishing compensation based on notional income. (Para 9 , 10) |
| 5. conclusion on entitlement and payment order. (Para 11 , 12) |
JUDGMENT :
BISWANATH RATH, J.
1. This Writ Petition involves the following prayer:-
“It is therefore, humbly pray that this Hon’ble Court may graciously be pleased to admit the writ application and after hearing both the sides allow the same and direct the Opp. Party to pay a compensation of Rs.5 lakhs to the petitioners within a stipulated time by issuing appropriate writ;
And any other order/orders as deem fit and proper be passed;
And for this act of kindness, the petitioners shall as in duty bound, ever pray.”
2. Short background involving the case is the parents of the deceased involving herein claims while their son returning to their house after cultivating their agricultural land on 13.08.2006 at about 5.00 P.M. accidentally came in contact with the electric charge wire in a hanging stage from the Electric Poll in damaged condition, as a resu
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