ORDER

Date : 06-03-2020 Heard Mr. B. Chanda, learned counsel for the petitioners in both the writ petitions and Mr. D. Bhattacharjee, learned Standing counsel, Assam Power Distribution Company Limited (APDCL). Also heard Ms. D.D. Barman, learned Additional Senior Government Advocate for respondent no. 3, Chief Electrical Inspector, Government of Assam.

2. As the subject-matters involved in both the writ petitions are similar, both the writ petitions are taken up together for disposal on being agreed by the learned counsel for the parties. The common subject-matter in the writ petitions is death of the victims, both minors, in two separate incidents stated to have occurred due to electrocution and directions have been sought for in these two writ petitions, filed under Article 226 of the Constitution of India, to the respondent APDCL authorities to grant compensation for such deaths. The relevant facts, in brief, leading to the institution of these two writ petitions and the stands taken on behalf of the respondent authorities are stated separately as under :

W.P.(C) 5376/2017:

3. The two petitioners herein are the parents of one Sahidul Islam. It is projected that on 15.10.2016, at about 12-30 p.m., Sahidul Islam while returning from his school i.e. Motichar L.P. School, came in contact with a live wire lying on the main road accidentally. As a result, Sahidul Islam sustained serious electric shock and died instantaneously. In connection with the said death, a First Information Report (FIR) was lodged by one Jugal Kishor Bhardwaz, Sub-Divisional Engineer, In-Charge, Dhubri Electrical Sub-Division, APDCL before the B.N. College T.O.P. under Dhubri Police Station on 15.10.2016. On receipt of the said FIR, a General Diary Entry being B.N. College T.O.P. G.D. Entry No. 221 dated 15.10.2016 was registered. Accordingly, the case was investigated into. In the course of investigation, the inquest on the dead body of the deceased was conducted by an Executive Magistrate and after inquest, the dead body was sent to the Civil Hospital, Dhubri for post-mortem examination. The post-mortem examination was conducted at the Civil Hospital, Dhubri on 15.10.2016 and the autopsy doctor in the Post-Mortem Examination Report (Annexure-A), had opined that the cause of death was cardiac arrest as a result of electrocution injury sustained by the deceased. After investigation, the Investigating Officer had also submitted a Report dated 02.03.2017 (Annexure-B) wherein it was stated that during the investigation, it had been found that due to carelessness and negligence on the part of the electricity department the accident took place. The petitioners submitted a representation before the respondent APDCL authorities on 03.04.2017 seeking compensation for the premature death of their son. When the representation failed to evoke any response from the respondent APDCL authorities, the petitioners have approached this Court seeking the reliefs mentioned above.

4. The respondent no. 3 who is authorised under Section 161, Electricity Act, 2003 to enquire into such an accident and to submit a report, conducted an enquiry in respect of the electrical accident and thereafter, had submitted an Enquiry Report on 16.05.2018, which has been annexed as Annexure-A to the affidavit-in-opposition filed by respondent no. 3. In the Enquiry Report, it has been recorded that the site verification was done by the officials of the Inspectorate along with the APDCL officials in presence of villagers. The villagers had informed that one bare aluminium live conductor drawn in between two supports made of Pre-Stressed Concrete (PSC) poles of the aforesaid two wires overhead distribution line of APDCL across public road suddenly snapped and fell down on the body of the victim. As per the Report furnished by the Sub-Divisional Engineer, Dhubri Electrical Sub-Division, APDCL, the LT overhead conductor snapped all of a sudden and fell on the body of the victim and had wrapped around hi