Executive Engineer Gramin Sa. Va. Su. O And M Kannad Vibhag v. Laxman Hari Fule
2025:BHC-AUG:22807 8-ca-6339-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD 8 WRIT PETITION NO. 4807 OF 2022 Executive Engineer Maharashtra State Electricity Distribution Company Ltd. Sillod Division Sillod, Dist. Aurangabad
...Petitioner
Versus
Laxman Hari Fule, Age 40 years, Occu : Agriculture Work, R/o At Post Pimpalgaon Peth, Tq. Sillod, Dist. Aurangabad
...Respondent
...
WITH CIVIL APPLICATION NO. 6339 OF 2025 IN WP/4807/2022 Laxman Hari Fule
VERSUS
Executive Engineer Gramin Sa. Va. Su. O And M Kannad Vibhag ...
Mr. U. S. Malte, Advocate for the Petitioner. Mr. Vikrant S. Palsikar, Advocate for Respondent/sole ...
CORAM :
ROHIT W. JOSHI, J.
DATE :
18th AUGUST, 2025 ORAL JUDGMENT:
WRIT PETITION NO. 4807 OF 2022 :- 1.
The petitioner takes exception to award dated 24.12.2021 passed by the Permanent Lok Adalat, Aurangabad in Pre-litigation Dispute Application No.66 of 2000, whereby the learned Lok Adalat has awarded compensation of Rs.4,00,000/- to the respondent/original applicant on account of death of his wife Nirmalabai on 08.04.2020 due to electric shock.
Narwade/
8-ca-6339-2025.odt 2.
The learned Counsel for the petitioner contends that the learned Members of Lok Adalat have erred in not taking into consideration the report furnished by the Electrical Inspector according to which the accident had occurred within the premises of respondent/original applicant. He contends that the distribution company can be held liable for compensation on death due to electric shock only if the accident occurs outside the residential premises. Perusal of the award will demonstrate that such a contention was not raised by the petitioner before the learned Lok Adalat. The contention canvassed is a mixed question of law and fact which cannot be raised for the first time in a Writ Court.
3.
In view of the above, Writ Petition is dismissed with no order as to costs.
4.
At this stage, the learned Counsel for the petitioner makes a request to defer withdrawal of amount for a period of six weeks, so as to enable the petitioner to approach the Hon'ble Supreme Court. 5.
The contention raised in the petition was never raised before the Lok Adalat. In view of the above, the request is rejected. CIVIL APPLICATION NO. 6339 OF 2025 :- 6.
In view of dismissal of the Writ Petition, respondent is permitted to withdraw the amount of compensation deposited by the petitioner with this Court along with accrued interest, if any. 7.
Civil Application is disposed of accordingly. [ROHIT W. JOSHI J.] Narwade/