CUTTACK: The Orissa High Court has directed the electricity distribution company concerned to pay an ex gratia compensation of `2 lakh with interest to the mother of a man who died of electrocution in Puri in 2009.
The single judge bench of Justice Biraja Prasanna Satapathy issued the direction while hearing a writ petition filed in 2011 by the parents of the deceased, Gyanakalpa Mishra.
The petitioners had urged the court to direct the authorities “to pay compensation amounting to Rs 15 lakh along with interest at 9% from the date of death till actual payment is made to the petitioners for the death of their son due to electrocution.”
The deceased had reportedly come in contact with an illuminated display board installed by a private agency near the Markandeswar Sahi traffic post in Puri. The board was being powered by the then electricity distribution company, CESU.
As per the petitioners, Kumbharpada police had concluded from their investigation on September 4, 2009, that Mishra died due to electrocution. They argued that since no compensation was released despite this finding, the distribution company should be held liable.
The petitioners’ counsel Afraaz Suhail urged the court to at least direct release of the ex gratia amount, noting, “for the last 16 years, the petitioners are deprived to get the benefit of ex gratia”. It was also submitted that petitioner no 1, Nandakishore Mishra, had passed away, leaving his wife, petitioner no 2 Bhabani Mishra, as the surviving claimant.
The court held that the death occurred due to negligence on part of the electricity distribution company, observing that the display board was powered by the company. Accordingly, Justice Satapathy directed payment of Rs 2 lakh as ex gratia with 6 per cent interest within six weeks, in favour of the deceased’s mother.
The power distribution company, however, opposed the plea asserting that the private agency that had installed the display board alone was responsible. On the other hand, the private agency argued that the electrocution occurred due to fault in the power supply provided by the distribution company.
Counsel for the Puri municipality and the distribution company submitted that only Rs 2 lakh ex gratia could be granted in such cases, and any higher claim must be pursued before a civil court. The HC further granted liberty to the deceased’s mother to approach an appropriate civil forum for any additional compensation.