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Annual Report 2022-23
that the response to the show cause no ce was not based
on merits, and hence the State was vicariously liable to
compensate for this unfortunate and un mely death of
the minor girl. Therefore, the Commission confirmed its
recommenda on of monetary compensa on to be paid
to the next of kin of the deceased.
In response, the Special Secretary, Department of Energy,
Government of Odisha, submi ed a compliance report
along with proof of payment, sta ng that an amount of
rupees five lakh had been paid to the father of the
deceased. As the recommenda on of the Commission
had been complied with, the case was closed on 26 July
2022.
18.) Tragic Death of Fisherman Electrocuted in Brahmani
River, Odisha
(Case No: 2304/18/20/2021)
On 24 November 2021, the Commission took cognizance
of a complaint filed from District Khurda, Odisha, based
on a news report published in a newspaper on 05 October
2021. The report highlighted that a fisherman died due to
electrocu on from a low-hanging electricity line while
fishing in the Brahmani River in Odisha.
Pursuant to the direc ons issued by the Commission, the
Commission received an enquiry report dated 18 February 2022 from the Deputy Secretary to the Government of
Odisha, Energy Department, on 15 March 2022. The
report revealed that the fatal electrical accident occurred
in the licensed area of TPWODL, Sambalpur, a Distribu on
Licensee under the OERC, Bhubaneswar. According to the
report, the deceased vic m may have come in contact
with the 11 KV line and fallen unconscious into the
Brahmani River, leading to drowning. It was further noted
that the pole suppor ng the electricity line was submerged due to increased flood levels, which violated
safety regula ons. Upon perusal of the enquiry reports
and accompanying documents, it became evident that
the fatal electrocu on accident occurred due to negligence on the part of TPWODL/ Distribu on Licensee for
failing to ensure proper ground clearance of the 11 KV
electricity line. The vic m's family received a meagre
compensa on of Rs. 10,000 from the Tehsildar, and no
compensa on was paid by TPWODL/ Distribu on
Licensee to the NoK of the deceased. This established a
viola on of human rights, and the State was held
vicariously liable.
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On 26 July 2022, the Commission issued a show cause
no ce to the Chief Secretary, Government of Odisha, as to
why the Commission should not recommend compensaon of Rs. 5,00,000/- (Rupees Five Lakh only) to be paid to
the NoK of the deceased. Addi onally, the District
Magistrate, Deogarh, was directed to personally ensure
that the family received benefits under various social
welfare schemes of the State and Central Governments. In
response, the Special Secretary to the Government of
Odisha, Energy Department, submi ed a reply dated 05
August 2022, sta ng that the fatal accident occurred due
to the vic m's negligence and claiming that TPWODL
officers and staff were not responsible. Thus, it was
requested to. dismiss the case. However, the Commission
rejected this stance and upheld TPWODL's liability for the
accident. Furthermore, pursuant to the Commission's
direc ons, a reply was received from the Collector and
District Magistrate, Deogarh, on 15 September 2022,
sta ng that the family of the deceased vic m received
benefits under various social welfare schemes of the State
and Central Government. A er considering the replies
and perusing the case details, the Commission reaffirmed
its decision to award monetary compensa on of Rs.
5,00,000/- (Rupees Five Lakh only) to be paid to the NoK
of the deceased. A compliance report was received,
confirming that the compensa on amount was paid to
the deceased's NoK on 16 December 2022. Consequently,
the Commission closed the case on 18 January 2023.
19.) Death of 12-year-old child in Bengaluru, Karnataka,
due to electrocu on
(Case No: 1114/10/31/2022)
The Commission received a report of the death of a 12year-old child, due to electrocu on a er coming in
contact with a live dangling electricity wire. The incident
occurred on 16 July 2022 within the jurisdic on of
Yeshwantpur PS, Bengaluru North district.
Pursuant to the direc on of the Commission, the General
Manager (Q, S & S) of BESCOM, Karnataka, submi ed a
detailed report on 09 February 2023. The report highlighted that the accident was a result of heavy rain and
strong winds, causing a branch from a tree at the BMTC
depot compound to strike the electric lines. This resulted
in a short circuit, leading to the accidental snapping of the
conductor, which tragically fell on the child while he was in
a narrow lane beneath the electric lines. The report
Chapter 7 - Thematic Areas