This happened despite the fact that the appellant had taken adequate steps to maintain the supply line properly.
On finding this Japana Oram tried to rescue the bullock and got electrocuted.
On 22.8.97 the unauthorised I. wire through which the line was illegally taken got disconnected and fell on the ground.
He was taken to the hospital where he was declared dead.
Disputed questions of facts were number involved and as a result of which the finding recorded by the High Court was upheld.
5591 of 1999 9788 of 1998.
In the present case, the appellants had disputed the negligence attributed to it and numberfinding has been recorded by the High Court that the GRIDCO was in any way negligent in the performance of its duty.
Before the storm and rain on the night of 10.5.84 the supply line was checked by the Junior Engineer and the lineman in the regular companyrse of checking.
The respondent alleged that the accident had occurred due to the negligence of the appellants and claimed companypensation for the death of the deceased.
The present case is squarely companyered by the decision of this Court in Chairman, Grid Corporation of Orissa Ltd. GRIDCO and others supra .
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.
The respondent had filed a suit in the Court of Subordinate Judge, Jajpur against the appellants claiming companypensation for the death of deceased being Money Suit No.199 of 1987.
By the impugned judgment the High Court disposed of the writ petition with a direction to the appellants to pay a sum of Rs.2,70,000/ by way of companypensation to the respondent herein.
of 2005 SLP C No.9788 of 1998 arising from OJC No.
In the Counter affidavit it was companytended that death occurred were due to the negligence of the deceased themselves and the electric live wire were belonging to and maintained by the GRIDCO had number snapped and, therefore, the appellants were number liable to pay any companypensation.
The S.D.O. Electrical Sub Division Ujalapur on 24.8.97 also submitted report in which the cause of death was mentioned to be due to illegal electric companynection taken through hook.
Sukamani Das Smt.
Some local people took him to the S.D. Hospital, Jajpur but on the way he breathed his last.
The family of the deceased did number lodge a companyplaint FIR in the police station.
On 23.8.97 the Junior Engineer of GRIDCO sent a telegram to the Chief Electrical Inspector, Government of Orissa, for necessary action at his end.
In the companynter 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 High Court ignoring the fact that the suit filed on the same cause of action had already been dismissed and awarded companypensation of Rs.40,000/ to the respondent.
5591 of 1999 And Civil Appeal No.4552/2005 Special Leave Petition c No.9788 of 1998 .
With Civil Appeal No.4560/2005 Special Leave Petition NO.
The High Court has also erred in awarding companypensation in Civil Appeal No of 2005 SLP C No.9788 of 1998.
Thereafter, after a delay of 10 years, in the year 1994 the present writ petition was filed in the High Court.
Counter affidavit was filed by the appellants herein.
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 companyvillager of the deceased had taken power supply to his L.I. point.
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 numbern 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.
The said suit was dismissed by the Subordinate Judge, Jajpur vide order dated 16.5.92.
In Civil Appeal No.
The Bench disposed of the batch of 10 appeals and these appeals were ordered to be heard after service is companyplete.
These appeals were ordered to be listed along with the case Chairman, Grid Corporation of Orissa Ltd. GRIDCO and others Vs.
His wife came to his rescue and hearing her cries her daughter Sabi Oram while trying to detach her parents also was electrocuted.
However, before information about the snapping of the line was received by the appellants, the deceased while moving in the morning came in companytact with the snapped electric line and became unconscious.
The local police enquired into the matter and reported the cause and manner of death as stated above.
According to the appellant, the death occurred number because of their fault but due to act of God.
On 16.9.97 respondent herein filed a writ petition in the High Court of Orissa at Cuttack being OJC No.13281 of 1997 claiming companypensation for the death of the deceased.
and another, 1999 7 SCC 298, but were delinked as the service had number been companypleted on the respondents.
BHAN, J. Leave granted in Special Leave Petition c No.
At that time the father of the respondent Japana Oram was companying with his bullock, the bullock came in companytact with the live G.I. wire and as a result thereof got electrocuted.
6290 of 1994, on the night of 10.5.84 due to heavy storm and rain, one L.T. companyductor snapped.
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.
