TMI Blog1999 (9) TMI 963X X X X Extracts X X X X X X X X Extracts X X X X ..... rit petitions-had denied their liability on the ground that the deaths had not occurred as a result of their negligence, but because of an act of God or of acts of some other persons. In view of the final order that we propose to pass it is not necessary to state the facts of all these cases. We shall, therefore, narrate the facts of only one case - the Civil Appeal arising out of SLP (C) No. 5909 of 1998. A write petition being O.J.C. No. 3351 of 1997 was filed by one Sukamani Das claiming to be the widow of Pratap Chandra Das of village Odangi seeking compensation for the death of her husband due to electrocution. It was averred in the writ petition that on 4.8.1996 Pratap Chandra Das, while he was proceeding from his village to anothe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat spot and had noticed that one shackle insulator had broken due to lightening and the conductor had also snapped from that shackle insulator along with the guarding and the sub-station fuse had also blown out. It was further stated in their counter-affidavit that on inquiry the officers had learnt that Pratap Chandra Das had died due to lightening and not because he had come in contact with the snapped live wire. It was stated by way of defence that the 12W L.T. line had snapped because of an act of God and not because of any negligence of the part of the appellant and its officers. Thus, the appellants had denied the fact that Pratap Chandra Das had died as a result of coming into contact with the live electric wire and also raised a de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... antum of compensation claimed we are of the view that a consolidated compensation of rupees one lakh will be the appropriate-amount, In the other writ petitions also compensation was claimed for the deaths alleging negligence on the part of the appellants. In those cases also the appellants had denied any negligence on their part and had pleaded that the concerned electric lines had snapped in spite of their taking proper care and because of circumstances beyond their control. In two cases it was specifically pleaded that it was because of the acts of unauthorised persons that the deaths had taken place. In one case a person had tried to hook the line for committing theft of electricity and in the other some persons had entered the sub- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the deaths had taken place not because of any negligence of the deceased. He further submitted that it could not be said in these cases that the facts stated by the writ petitioners were disputed by the appellants just for the sake of disputing them and that there was not substance in the defence raised on behalf of the appellants. The learned counsel for the respondents, on the other hand, tried to support the judgments of the High Court for the reasons stated therein. 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 pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es in these cases were raised for the sake of raising them and that there was no substance therein. The High Court should have directed the writ petitioners to approach the Civil Court as it was done in OJC No. 5229 of 1995. Reliance placed by the learned counsel for the respondents on the decision of this Court in Shakuntala Devi v. Delhi Electric Supply Undertaking, [1995] 2 SCC 369 is really of no avail to the respondents. Even while entertaining a writ petition under Article 32 of the Constitution, in view of the peculiar facts of that case, this Court observed in clear terms that the question of negligence of officials of Respondent 1 can be properly examined in a suit where correct facts can be established. In that case, responde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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