Gauhati High Court
Page No.# 1/5 vs The Assam State Electricity Board And 4 ... on 20 February, 2026
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/5
GAHC010044832022
2026:GAU-AS:2654
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1673/2022
SARALA SARKAR
W/O- RATAN SARKAR, R/O- VILLAGE LECHARIBORI, P.O- BHURGAON,P.S
MAYONG, DIST- MORIGAON,, ASSAM, PIN-782411
VERSUS
THE ASSAM STATE ELECTRICITY BOARD AND 4 ORS
BIJULEE BHAWAN, PALTAN BAZAR, GUWAHATI-781001
2:THE CHAIRMAN
ASSAM STATE ELECTRICITY BOARD
BIJULEE BHAWAN
PALTAN BAZAR
GUWAHATI-781001
3:THE MANAGING DIRECTOR
ASSAM POWER DISTRIBUTION COMPANY LTD.
BIJULEE BHAWAN
PALTAN BAZAR
GUWAHATI-781001
4:THE SENIOR ELECTRICAL INSPECTOR
GOVT. OF ASSAM
RAJGARH
GUWAHATI-781003
5:THE SUB- DIVISIONAL OFFICER
MORIGAON ELECTRICAL SUB- DIVISION
APDCL
MORIGAON
P.O AND P.S- - MORIGAON
DIST- MORIGAON
Page No.# 2/5
ASSA
Advocate for the petitioner(s): Mr. S Islam
Advocate for the respondent(s): Mr. B Das, Standing Counsel
APDCL
Mr. G Bokolial, Govt. Advocate, Assam
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
20.02.2026 Heard Mr. S Islam, the learned counsel appearing on behalf of the petitioner. I have also heard Mr. B Das, the learned Standing Counsel, who appears on behalf of the APDCL authorities and Mr. G Bokolial, the learned Govt. Advocate, Assam who appears on behalf of the State respondents.
2. The petitioner herein has approached this Court being aggrieved by the inaction on the part of the APDCL authorities in granting compensation to the petitioner on account of the electricity accident dated 13.08.2019 which led to permanent disablement to the petitioner to the extent of 45%.
3. It is seen that the petitioner has claimed an amount of Rs.4,00,000/- on the basis of the Office Memorandum dated 07.11.2019. But, however, it is pertinent to note that the amount payable for permanent total disablement of Rs.4,00,000/- would be only payable if the permanent total disablement is Page No.# 3/5 mentioned in Schedule A to the Assam Electricity Regulatory Commission (Compensation to Victims of Electrical Accidents) Regulations, 2019 (for short, 'the Regulations of 2019'). Schedule A to the Regulations, however, has not been enclosed to the instant writ petition.
4. Be that as it may, Mr. B Das, the learned counsel appearing on behalf of the APDCL has placed before this Court the Regulations of 2019 which was notified on 05.08.2019. From a perusal of the said Regulations, it is seen that Schedule A refers to various forms of permanent total disablement, permanent partial disablement, temporary total disablement.
5. In the case of permanent total disablement, the compensation payable is Rs.4,00,000/-. It is also seen that in respect to permanent partial disablement, the compensation payable shall be determined by the authority liable for payment of compensation and shall be equal to the same percentage of the loss of earning capacity out to a maximum amount of Rs.4,00,000/-, subject to a minimum of Rs.1,00,000/-. Further to that, in the case of temporary total disablement, the compensation payable shall be subject to a minimum of Rs.50,000/- and a maximum of Rs.1,00,000/-.
6. This Court had duly taken note of the Disability Certificate issued on 11.10.2021 by the Competent Authority, and it was mentioned that the petitioner had deformed right leg and the left hand due to electrocution and she has 45% permanent physical impairment. Under such circumstances, although the petitioner would not come within the ambit of permanent total disablement Page No.# 4/5 as mentioned in the Annexure-A to the Regulations of 2019, but the case of the petitioner has to be considered by the APDCL authorities as to whether it would come within the ambit of permanent partial disability, taking into account the Disability Certificate issued by the Competent Authority.
7. It is further relevant to take note of that the Electrical Accident Enquiry Report dated 27.12.2021 has not been challenged by the APDCL authorities, and, therefore, the opinion rendered therein that the petitioner along with her children have also suffered on account of the accident, which was in contravention of the Regulations 13(1), 13(2), and 16(1) of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 by the APDCL authorities is not in doubt.
8. Considering the above, the instant writ petition, therefore, stands disposed of, thereby directing the respondent Nos. 2 & 3 to consider the case of the petitioner as a permanent partial disablement and determine the compensation payable to the petitioner in terms with Clause 3.b of Schedule B of the Regulations of 2019. In addition to that, the respondent Nos.2 and 3 shall also consider the entitlement of the petitioner in respect to the interest payable in terms with Regulation 20 of the Regulations of 2019. The same be done within a period of 30 days from the date a certified copy of this order is served upon the respondent No.3.
9. Needless to mention that the above directions shall not impact the rights of the petitioner to claim further compensation, if the petitioner is entitled in terms Page No.# 5/5 with Regulation 9 of the Regulations of 2019.
JUDGE Comparing Assistant