TMI Blog2005 (7) TMI 665X X X X Extracts X X X X X X X X Extracts X X X X ..... f Orissa Ltd. (GRIDCO) and others Vs. Sukamani Das (Smt.) and another, [(1999) 7 SCC 298], but were delinked as the service had not been completed on the respondents. The Bench disposed of the batch of 10 appeals and these appeals were ordered to be heard after service is complete. The facts of Civil Appeal No.1726 of 1999 arising against the order passed by the High Court of Orissa in Writ Petition bearing OJC No.13281 of 1997 are:- One Themba Bhim, a co-villager of the deceased had taken power supply to his L.I. point. Some other villagers of the village Khuntagaon viz, Ralbindra Oram, Fatha Oram, Gobardhan Kisan and Etwa Oram had illegally taken power supply without the knowledge of GRIDCO Authorities by use of hook from the L.I. point to their houses by means of an un- insulated G.I. wire. On 22.8.97 the unauthorised G.I. wire through which the line was illegally taken got disconnected and fell on the ground. At that time the father of the respondent Japana Oram was coming with his bullock, the bullock came in contact with the live G.I. wire and as a result thereof got electrocuted. On finding this Japana Oram tried to rescue the bullock and got electrocuted. His wife cam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after a delay of 10 years, in the year 1994 the present writ petition was filed in the High Court. The High Court ignoring the fact that the suit filed on the same cause of action had already been dismissed and awarded compensation of ₹ 40,000/- to the respondent. According to the appellant, the death occurred not because of their fault but due to act of God. In Civil Appeal No._____________of 2005 (@ SLP(C) No.5591 of 1999) arising from OJC No.4247/97 the respondent filed a writ petition in the High Court of Orissa at Cuttack inter alia on the allegations that on 28.5.92 at about 12.00 noon while her husband was returning from the polling station, a live electric wire suddenly snapped and fell on him as a result of which he received severe electrical burn injuries and lost his senses. Some local people took him to the S.D. Hospital, Jajpur but on the way he breathed his last. The respondent alleged that the accident had occurred due to the negligence of the appellants and claimed compensation for the death of the deceased. In the counter affidavit filed by the appellants, it was inter alia submitted that generation and distribution of the energy are regulated through stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n para 6 it was observed thus:- In our opinion, the High Court committed an error in entertaining the writ petitions even though they were not fit cases for exercising power under Article 226 of the Constitution. The High Court went wrong in proceeding on the basis that as the deaths had taken place because of electrocution as a result of the deceased coming into contact with snapped live wires of the electric transmission lines of the appellants, that admittedly/prima facie amounted to negligence on the part of the appellants. The High Court failed to appreciate that all these cases were actions in tort and negligence was required to be established firstly by the claimants. The mere fact that the wire of the electric transmission line belonging to Appellant I had snapped and the deceased had come in contact with it and had died was not by itself sufficient for awarding compensation. It also required to be examined whether the wire had snapped as a result of any negligence or the appellants and under which circumstances the deceased had come in contact with the wire. In view of the specific defences raised by the appellants in each of these cases they deserved an opportunity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s put up by MPEB are absolutely without any basis and do not reflect the real position at the spot, rather attempt has been made to conceal the real position in order to avoid responsibility and liability for payment of compensation. On these facts, this Court came to the conclusion that the claimants were entitled to the compensation. Counsel for the appellants also cited a judgment in H.S.E.B. and others Vs. Ram Nath and others, (2004) 5 SCC 793 in which a similar view was taken. In the said case it was observed by the Bench that where disputed questions of fact were involved writ petition would not be the proper remedy but since there was no denial in the written statement that wires were loose and drooping and the claimant had asked the Board to tighten the wires, the Board was held liable to pay the compensation. This finding was recorded because the supplier of electricity did not controvert the facts alleged by the respondent writ petitioner. Disputed questions of facts were not involved and as a result of which the finding recorded by the High Court was upheld. In the present case, the appellants had disputed the negligence attributed to it and no finding has been recor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. Some other villagers of the village Khuntagaon viz, Ralbindra Oram, Fatha Oram, Gobardhan Kisan and Etwa Oram had illegally taken power supply without the knowledge of GRIDCO Authorities by use of hook from the L.I. point to their houses by means of an un- insulated G.I. wire. On 22.8.97 the unauthorised G.I. wire through which the line was illegally taken got disconnected and fell on the ground. At that time the father of the respondent Japana Oram was coming with his bullock, the bullock came in contact with the live G.I. wire and as a result thereof got electrocuted. On finding this Japana Oram tried to rescue the bullock and got electrocuted. His wife came to his rescue and hearing her cries her daughter Sabi Oram while trying to detach her parents also was electrocuted. The incident was reported to the local police by the villagers of the Khuntagaon on 23.8.97 wherein the fact of illegal hooking and death due to electrocution was admitted. The local police enquired into the matter and reported the cause and manner of death as stated above. On 23.8.97 the Junior Engineer of GRIDCO sent a telegram to the Chief Electrical Inspector, Government of Orissa, for necessary action a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at Cuttack inter alia on the allegations that on 28.5.92 at about 12.00 noon while her husband was returning from the polling station, a live electric wire suddenly snapped and fell on him as a result of which he received severe electrical burn injuries and lost his senses. Some local people took him to the S.D. Hospital, Jajpur but on the way he breathed his last. The respondent alleged that the accident had occurred due to the negligence of the appellants and claimed compensation for the death of the deceased. In the counter affidavit filed by the appellants, it was inter alia submitted that generation and distribution of the energy are regulated through statutory provisions namely the Electricity (Supply) Act, 1948 and the rules framed thereunder. The family of the deceased did not lodge a complaint/FIR in the police station. According to the appellants the husband of the respondent may have died due to electric shock but it was not due to fall of electric wire. The allegations made in the writ petition that, death occurred due to negligence of the appellants was denied. It was stated that there was no negligence on the part of the appellants. It was also submitted that the wri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellants. The High Court failed to appreciate that all these cases were actions in tort and negligence was required to be established firstly by the claimants. The mere fact that the wire of the electric transmission line belonging to Appellant I had snapped and the deceased had come in contact with it and had died was not by itself sufficient for awarding compensation. It also required to be examined whether the wire had snapped as a result of any negligence or the appellants and under which circumstances the deceased had come in contact with the wire. In view of the specific defences raised by the appellants in each of these cases they deserved an opportunity to prove that proper care and precautions were taken in maintaining the transmission lines and yet the wires had snapped because of circumstances beyond their control or unauthorised intervention of third parties or that the deceased had not died in the manner stated by the petitioners. These questions could not have been decided properly on the basis of affidavits only. It is the settled legal position that where disputed questions of facts are involved a petition under Article 226 of the Constitution is not a proper remedy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nch that where disputed questions of fact were involved writ petition would not be the proper remedy but since there was no denial in the written statement that wires were loose and drooping and the claimant had asked the Board to tighten the wires, the Board was held liable to pay the compensation. This finding was recorded because the supplier of electricity did not controvert the facts alleged by the respondent writ petitioner. Disputed questions of facts were not involved and as a result of which the finding recorded by the High Court was upheld. In the present case, the appellants had disputed the negligence attributed to it and no finding has been recorded by the High Court that the GRIDCO was in any way negligent in the performance of its duty. The present case is squarely covered by the decision of this Court in Chairman, Grid Corporation of Orissa Ltd. (GRIDCO) and others (supra). The High Court has also erred in awarding compensation in Civil Appeal No............. of 2005 [@ SLP(C) No.9788 of 1998]. The subsequent suit or writ petition would not be maintainable in view of the dismissal of the suit. The writ petition was filed after a lapse of 10 years. No reasons have ..... X X X X Extracts X X X X X X X X Extracts X X X X
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