Sixteen-Year Legal Battle Ends With Justice for Grieving Mother
In a significant ruling that ended a sixteen-year wait for justice, the Orissa High Court has directed the power distribution company to pay Rs 2 lakh as ex gratia payment with 6% interest to the mother of a man who died due to electrocution in Puri. The tragic incident dates back to September 4, 2009, when Gyanakalpa Mishra lost his life after coming into contact with an illuminated display board.
The Tragic Incident and Legal Journey
The fatal accident occurred when Gyanakalpa Mishra accidentally touched an illuminated display board installed by a private agency near the Markandeswar Sahi traffic post in Puri. The board was powered by the then distribution company CESU, now known as Tata Power Central Odisha Distribution Limited.
The victim's parents, Nandakishore Mishra and Bhabani Mishra, initially filed a writ petition in 2011 seeking compensation of Rs 15 lakh with 9% interest from the date of their son's death. They argued that police investigation had clearly confirmed electrocution as the cause of death, yet no compensation was provided by the authorities.
Tragically, during the prolonged legal battle, the father Nandakishore Mishra passed away, leaving his wife Bhabani as the sole petitioner fighting for justice for their deceased son.
Court Proceedings and Final Verdict
The bench of Justice Biraja Prasanna Satapathy, while hearing the case, examined all records and arguments presented by both sides. Advocate Afraaz Suhail, representing the petitioners, emphasized that the family had been waiting "for the last 16 years" for the ex gratia payment.
The power distribution company contested its liability, insisting that responsibility lay with the private agency that had installed the display board. However, the private agency countered that if any fault existed, it was in the power supply provided by the utility company.
In his ruling delivered on November 12 and uploaded on November 17, Justice Satapathy held that the records clearly established that the death occurred due to negligence on the part of the discom. The court directed the utility "to pay the compensation" within six weeks from the date of the order.
Compensation Details and Future Options
The court approved Rs 2 lakh ex gratia payment with 6% interest accruing from September 4, 2009, the date of the unfortunate incident. While this amount falls significantly short of the Rs 15 lakh initially sought by the family, the judgment provides some closure after sixteen years of legal proceedings.
Justice Satapathy clarified in his order that Bhabani Mishra remains free to approach a civil court for any additional compensation, though the High Court expressed no opinion on that matter. Counsel for Puri Municipality and the discom had earlier stated that only Rs 2 lakh ex gratia was admissible, and the petitioner would need to move a civil court for higher compensation.
This case highlights the challenges families face in seeking justice through India's legal system and the importance of holding utility companies accountable for maintaining public safety standards in electrical installations.
