BY - SRI ASISH DEB, PRESIDENT
Brief facts of the complainant’s case is that Chandi Charan Barman aged about 54 years is the legally married husband of the Complainant. On 05.04.2019 at about 10 P.M. said Chandi Charan Barman was coming back home from another village through the village path way of Vill. Bar Bahichberia, under P.S. Nandakumar, Dist. Purba Medinipur at that time living electric line was fallen down on the said path way for which he died at once by electrocution at the spot. Such incident has been occurred due to negligence and non maintenance of electric line by the Opposite Party. The said incident has been informed to Nandakumar P.S. by the son of Complainant on 06.04.2019 and also to the Opposite Party by telephone. The Post Mortem of the dead body was done at District Hospital Purba Medinipur at Tamluk on 06.04.2019. The complainant demanded Compensation from the opposite party for the death of her husband Chandi Charan Barman, but till now the opposite party did not care. And the complainant’s deceased husband was only earning member and he was a farmer. In such circumstances the complainant has been suffering from mental agony for non response of the opposite party. The cause of action has been arose on and from 06.04.2019. Therefore, the complainant prayed for passing order for compensation of Rs. 19,00,000/- for electrical negligence of the opposite party for litigation cost of Rs. 20,000/- to the complainant for conduct of this case and for other reliefs to the complainant.
Upon notice the op has contested the case by filing written Version thereof. In the written Version the op has stated inter alia that the complaint is barred under the provision of Electricity Act and rules. The complaint is barred by limitation. The fact is this that as per available records of op there is no information or intimation of any fatal accident of electrocution from snapped conductor on 05.04.2019 at vill. Bahichberia. There was no conductor snap call docket registered at Bar Bahichberia on that period and none of LT mobile Van attended any conductor snapping rectification work at the area during that period. The complainant i.e. Sabita Rani Barman W.O Lt. Chandi Charan barman have never informed to the Nandakumar CCC WBSEDCL by any mode of communication about the fatal accident of late Chandi Charan barman due to electrocution from snapped conductor of WBSEDCL network till date . Since the accident AE & SM Tamluk CCC WBSEDCL had never informed the op about any accident in that period. Neither Nandakumar P.S. nor Tamluk P.S. Police authority had made any communication about the incident. The O.P. first came to know about the accident through Court case intimation on 16.07.2021. The accident seems to have been plotted to get personal benefit with malafide intention. Monetary claims & the complaints seem baseless & false. The complainant suppressed the material facts. The O.P. is not able to pay the compensation as prayed for. The complaint is liable to be dismissed.
Points for determination are:
- Is the case maintainable in its present form and in law?
- Is the complainant entitled to the relief(s) as sought for?
Decision with reasons
Both the points, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.
We have carefully perused and assessed the affidavit of the complainant, written version filed by op, evidence of both parties and other documents.
Having regards had to the facts and circumstances of the case and upon careful analysis and evaluation of the materials on record it transpires that due to unnatural death of the husband of the complainant a post most mortem examination on the corpse was done wherein the cause of death was mentioned as death was due to the effect of electrocution- ante-mortem in nature. An inquest was also done in the hospital morgue, not at the spot. The complainant has not produced any documents viz case record of UD Case no-179/2019 dated 06.04.2019 of unnatural death registered by the police, copy of relevant GDE or any copy of FIR if any. There is no written document to show that that matter of electrocution was at all informed to the concerned authority of the WBSEDCL / to the OP. No eye witness has been examined in this case. The complainant has failed to establish any nexus of death of complainant’s husband with any activity or negligence of the op. As the complainant has failed to establish her claim, the contention of the op to the effect that ‘the complainant i.e. Sabita Rani Barman W.O Lt. Chandi Charan barman had never informed to the Nandakumar CCC WBSEDCL by any mode of communication about the fatal accident of late Chandi Charan Barman due to electrocution from snapped conductor of WBSEDCL network till date. Since the accident AE & SM Tamluk CCC WBSEDCL had never informed the op about any accident in that period. Neither Nandakumar P.S. nor Tamluk P.S. Police authority had made any communication about the incident.’ can not be disbelieved. The case is not maintainable in its present form and in law. The bundle of facts go to show that the complainant has got cause of action to file this case against the op. The complainant is not entitled to get any relief in this case.
Both the points are decided against the complainant
Thus the complaint case fails.
Hence, it is
O R D E R E D
That the CC/70 of 2020 be and the same is dismissed on contest
Let a copy of the judgment be supplied to each of the complainant and the OP free of cost.
