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Patna High CourtCWJC/16621/2018dismissed

Raj Munni Devi @ Raj Munna Kuer v. The State Of Bihar And ORS

2020-06-08Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 16621 of 2018 ====================================================== Raj Munni Devi @ Raj Munna Kuer wife of Late Mahesh Singh, resident of Village- Mamadeo, P.O. Kauriram, P.S. Mohania, District Kaimur at Bhabua. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Energy Department, Bihar, Patna 2.

The Bihar State Power (Holding) Company Ltd through its Chairman-cumManaging Director, Vidyut Bhawan, Bailey Road, Patna 3.

The Chairman-cum- Managing Director, Bihar State Power (Holding) Company Limited, Vidyut Bhawan, Bailey Road, Patna 4.

The Managing Director, South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna 5.

The Deputy General Manager-cum- Electrical Superintending Engineer, Central Electricity Supply Area, Daroga Rai Path, Patna 6.

The General Manager-cum- Chief Engineer, Central Electricity Supply Area, Daroga Rai Path, Patna.

7.

The Electrical Superintending Engineer, Electricity Supply Circle, Gaya. 8.

The Electrical Superintending Engineer, Electricity Supply Circle, Sasaram. 9.

The Electrical Executive Engineer, Electrical Supply Division Mohania, Kaimur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Ram Ishwar Prasad, Advocate For the S t a t e :

Mr Subash Pd Singh, GA III For the C o m p a n y :

M/s Vinay Kirti Singh, Prakash Kr, Advocates ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 08-06-2020 The matter has been listed today for consideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Patna High Court CWJC No.16621 of 2018(2) dt.08-06-2020 2/3 Heard Mr Ram Ishwar Prasad, learned counsel for the petitioner as well as M/s Vinay Kirti Singh and Mr Prakash Kumar, learned counsels for the Company.

The petitioner's claim is in respect of compensation for death of her husband having occurred in course of an accident while making some repairs on the pole (Establishment of the South Bihar Distribution Company Limited). Petitioner's counsel submits that the petitioner has submitted a claim for compensation under the Accident Compensation Scheme, 1988. A counter affidavit has been filed. It has been disclosed therein that all payments due on account of the accidental death of the petitioner's husband have been made to the petitioner.

Learned counsel for the petitioner submits that there was some delay in making payment, so some interest should be paid on the delayed payments made.

The counter affidavit contains a categorical stand of the respondent-Authority regarding payment of all admissible dues upon conclusion of the proceedings arising out of the Workmen Compensation Case No 2 of 2019/CWC No 32 of 1999 before the Labour Court, Dalmianagar, Rohtas. No case is made out for exercise of jurisdiction under

Patna High Court CWJC No.16621 of 2018(2) dt.08-06-2020 3/3 Article 226 of the Constitution of India to issue any direction for grant of interest.

If, however, the petitioner wants to pursue the issue for grant of interest, she would be at liberty to do so before the appropriate forum in accordance with law.

Writ petition stands disposed of.

(Madhuresh Prasad, J) M.E.H./- U