AI Structured Summary
Not yet generated for this judgment
Judgment
Mr. Hemant Gupta, J.(Oral)—The application is for condonation of delay of 164 days in filing of the Civil Review Application.
For the reasons mentioned in the application, we are satisfied that sufficient cause is made out for condonation of delay of 164 days in filing of the present Civil Review Application. Consequently, the delay is condoned.
Interlocutory Application stands disposed of accordingly.
Civil Review No. 247 of 2014
The present Civil Review Application is for review of the order dated 13th May 2014, whereby the Division Bench has not interfered with grant of compensation of Rs. 3,50,000/- to the respondent on account of electrocution consequent to snapping of 11,000 K.V. Transmission Line.
The argument raised by the appellants is that in terms of the policy decision, the Electricity Board has decided to pay ex gratia compensation of Rs. 2 lacs, whereas the Court has granted compensation of Rs. 3,50,000/-.
We do not find that any decision of the Electricity Board to grant ex gratia compensation of Rs. 2 lacs can bar the Court to award a suitable amount of compensation on account of proved negligence on behalf of the Electricity Board. Admittedly, 11,000 K.V. live Transmission Line was lying on the ground when the deceased came in contact with the said live wire when he went to the field to answer the call of nature.
The mere fact that the wire was live even after snapping shows negligence of the Electricity Board. Therefore, we do not find any error apparent on record which may warrant interference in the order passed by the Division Bench.
The Civil Review Application stands dismissed.