‘Rightful claimants should seek relief ’
SHILLONG: The High Court of Meghalaya on Wednesday reiterated that the affected parties should be petitioners and not the relatives of the petitioner in connection with a case seeking relief for a person who died of electrocution.
The Court on Wednesday heard the petitioner, who is said to be the nephew of the victim, Tarsing B. Marak. The petitioner had sought to maintain a claim for compensation against the respondent – Meghalaya Energy Corporation Limited.
The High Court during the hearing observed that the deceased man is survived by his wife and children; and the wife allegedly authorised the petitioner to take up the matter of claiming compensation for and on her behalf.
“It is, however, strange that the petitioner, on the basis of such an alleged authorisation, has chosen to maintain this writ petition in his own name and has not even impleaded the lady and the children concerned as parties to this petition, who are supposed to be the actual claimants, if having any valid claim for compensation,” Chief Justice Dinesh Maheshwari said in his order.
The Court also said it did not appear that before filing the petition, any request for compensation was made to Meghalaya Energy Corporation Limited. “This Court is not inclined to entertain this writ petition. Such a petition could only be considered if properly filed by the persons having the right to relief; and only after making demand to the respondent – the Corporation,” it said.
While dismissing the petition, the HC made it clear that the “dismissal will not be of impediment for the rightful claimant to maintain the action, of course, strictly in accordance with law”.
