Writ Jurisdiction Barred in Electrocution Compensation Claims Involving Disputed Questions of Fact

The petitioner filed a writ petition seeking compensation of Rs. 10,00,000/- following the death of her son, Anil Das

It was alleged that the deceased was electrocuted due to the negligence of the Electricity Department, specifically regarding a low-hanging live wire near a power house in Muzaffarpur that became entangled with the victim during high winds

During the proceedings, the respondents contended that the matter involved disputed facts and was governed by existing precedents regarding the maintainability of writ petitions for compensation in such instances

1. Whether the High Court can grant compensation under writ jurisdiction when the claim involves disputed questions of fact regarding negligence and electrocution

2. Whether the petitioner should be granted liberty to approach the appropriate civil forum for relief

Chairman, Grid Corporation of Orissa Ltd. (Gridco) Ors. v. Sukmani Das Anr. (1999) 7 SCC 298, which establishes that writ jurisdiction under Article 226 is generally not the appropriate remedy for claiming compensation when the negligence of the electricity board is a disputed question of fact

Nizamuddin Ansari v. The Bihar State Power Holding Company Limited Ors. (CWJC No. 8470 of 2022), which directed similar matters to civil courts for trial-based adjudication

The Court observed that the respondents contested the maintainability of the writ petition on the grounds that it was "squarely covered" by the principles laid down in the Sukmani Das case

Given that the determination of "carelessness" or negligence by the Electricity Department requires an evidentiary inquiry—and noting the petitioner’s counsel sought liberty to approach the appropriate authority after perusing the cited judgments—the Court determined that the merits of the electrocution claim could not be finalized in a summary writ proceeding

Consequently, following the terms of Nizamuddin Ansari, the Court shifted the forum of adjudication to the Civil Court to allow for a detailed factual determination

The Court disposed of the writ petition without granting the monetary relief directly; if such a petition is filed, the lower court is expected to dispose of it expeditiously