Akash Raj @ Akash Kumar v. The Bihar State Power Holding Company Ltd.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6496 of 2021 ====================================================== Akash Raj @ Akash Kumar Son of Shri Subodh Ram Resident of Village Dharmraj Chak, Kaliasthan, Ward No. 6, Lakhisarai, P.S.- Lakhisarai, District- Lakhisarai.
... ... Petitioner/s
Versus
1.
The Bihar State Power Holding Company Ltd. Patna through Chairman cum Managing Director, Patna.
2.
The Managing Director South Bihar Distribution Company Ltd. Patna. 3.
The Secretary South Bihar Distribution Company Ltd. Patna. 4.
The Chief Engineer (Operation and Enrichment) South Bihar Distribution Company Ltd. Patna.
5.
The Electrical Superintending Engineer Electrical Supply Circle, Munger. 6.
The Electrical Executive Engineer Electrical Supply Division, Lakhisarai. 7.
The Assistant Electrical Engineer Electrical Supply Sub Division, Lakhisarai.
8.
The Junior Electrical Engineer Electrical Supply Section, Lakhisarai (North), Lakhisarai.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Niraj Kumar, Advocate Mr. Ashok Kumar, Advocate For the Respondent/s :
Mr.Vinay Kirti Singh, Advocate Mr. Kunal Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 04-02-2022 This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.
It is the petitioner's case that, he was electrocuted in an accident which had taken place on 17.08.2015, out of which
Patna High Court CWJC No.6496 of 2021(3) dt.04-02-2022 2/3 he suffered severe injuries resulting into 90 per cent permanent disability. Nearly four years thereafter, he made an application seeking payment of compensation for the injury sustained by him and disability caused to him because of the said accident. The petitioner has been paid compensation by the South Bihar Power Distribution Company Limited to the tune of Rs. 1,00,000/- (One Lakh). It is the petitioner's case that he should have been paid compensation on the basis of new guidelines framed by the Company issued on 14.06.2019 in the light of Compensation to Victims of Electrical Accidents Regulations, 2018.
A copy of the said guideline has been brought on record by way of Annexure-C to the counter affidavit, from which it is evident that the same has been made effective from 18.12.2018. Had the said guideline issued in terms of Regulations, 2018, been applicable in case of the petitioner, the petitioner would have received more amount than what has already been paid to him against compensation. We are not inclined to grant relief as sought by the petitioner in the present writ application for two reasons. Firstly, the petitioner made his application seeking grant of compensation nearly four years after he sustained injuries. Secondly, learned counsel for the petitioner has not been able to
Patna High Court CWJC No.6496 of 2021(3) dt.04-02-2022 3/3 convince this Court that the said decision of the Bihar State Power (Holding) Company Limited, incorporated in its resolution No. 106 dated 15.06.2019 could be applied to the petitioner's case who sustained injuries in the accident on 17.08.2015.
In such view of the matter, we do not find any merit in this application, this application is accordingly dismissed. (Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) K.K.RAO/- U