Lalita Devi v. The Principal Secretary Dept. Of Energy,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6246 of 2021 ====================================================== Lalita Devi Wife of Late Sundeshwar Ram, Resident of Village - Mukundpur Bhath, Vaishali Mahnar Road R.S. - Bihar.

... ... Petitioner/s

Versus

1.

The Principal Secretary dept. of energy, Vidyut Bhawan, Patna. 2.

The M.D., South Bihar Power holding Company, Baily Road, Vidyut Bhawan, Patna.

3.

Electric Inspector South Bihar Power Holding Company, Vidyut Bhawan, Baily Road, Patna.

4.

Electric Superintending Engineer, South Bihar Power Holding Company, Bhojpur.

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

For the Petitioner/s :

Mr. Archana Sinha, Advocate For the Respondent/s :

Mr. Akhileshwar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 10-02-2022 This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

The petitioner states that she is widow of late Sundeshwar Ram, who died of electrocution on 05.09.2020, allegedly because of the fault on the part of the personnel of South Bihar Power Holding Company Limited. This writ petition has been filed seeking direction to the respondents to pay to the petitioner compensation to the tune of Rs. 25 lakhs.

Patna High Court CWJC No.6246 of 2021(5) dt.10-02-2022 2/2 Learned counsel appearing on behalf of the petitioner submits that a representation has also been filed before the appropriate authority for grant of compensation. Though, there is statement to this effect made in paragraph-5 of the writ petition, no copy of such representation has been brought on record.

In our opinion, in exercise of power under Article 226 of the Constitution of India, this Court does not have the judicially determinable parameters to quantify the amount of compensation which the petitioner would be entitled to, even if it is found that the deceased died of electrocution because of lapses on the part of the respondents.

In the aforesaid circumstance, this application is disposed of with an observation that the petitioner shall be at liberty to invoke appropriate remedy in accordance with law for redressal of her grievances.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) K.K.RAO/- U