The liability of the respondents under the Electricity Act for negligence in maintaining electric wires and the entitlement of the petitioners to compensation.

JUDGMENT :

Prayer

1. The instant writ petition has been filed by the petitioners seeking a writ of Mandamus commanding the respondents to pay and release ex-gratia amount of Rs.10,00,000/- in terms of Government Order No. 454/2019 dated 24.10.2019 besides paying compensation to the tune of Rs. 21,00,000/- along with interest @ 12% per annum to the petitioners.

Brief Facts

2. The case of the petitioners is that her son, namely, Anshu Kumar lost his life due to electrocution on 22.06.2020 at rented accommodation at Ward No. 2, Assar, District Doda. It is specific case of the petitioner that this untoward incident happened due to callous approach of the respondents who installed a High Tension wire on the First floor of the house where the petitioners along with her family members were putting up. It is averred that an electric transformer was in operation near the house of the petitioners which was under the control of respondent No. 3 and 4, had loose High Tension (HT, 11 KV)/Live tension wire (440 WATT) hanging from the transformer and passes from the first floor of the rented accommodation of the petitioners. Respondents No. 3 and 4 were negligent in maintaining the HT/LT wires, knowing well that they had installed the same wrongfully. It is urged that the deceased son of the petitioner No. 1, who was just 3 and a half years old, at the time of occurrence, incidentally touched HT/LT wire which was charged and suffered an electric shock and died on the spot. The petitioners have placed on record Post mortem report which clearly indicates that the deceased son of petitioner No. 1 received electric shock on hands and feet. Petitioners have also placed on record medical report issued by Medical Superintendent, GMC, Doda wherein it is certified that the deceased was died due to electric shock on 22.06.2020. In this context, FIR bearing No.19/2020 under Section 304-A Indian Penal Code (IPC) has been registered against the respondents on 22.06.2020 at Police Station, Assar, District Doda which culminated into filing of criminal challan before the court of learned Additional Mobile Magistrate Doda.

SUBMISSIONS OF THE PETITIONERS

3. Mr. Priyanshu, learned counsel appearing for the petitioners has vehemently argued that the son of the petitioner No.1 has died due to the negligent act attributable to respondents who failed to maintain the electric wires as provided under the provisions of the Electricity Act and Rules framed thereunder and thus, the state is under legal obligation to compensate the petitioners because due to their negligent Act, a precious human life was lost. Learned counsel further states that the state is under legal obligation to protect the life of its citizens. It is further submitted that the state and its functionaries have failed to discharge the constitutional and statutory obligations by not taking requisite safety measures and as a consequence of which, precious life of a young son of the petitioner No.1 has been cut short and accordingly, respondents are under an obligation to compensate the petitioners by way of damages.

4. Learned counsel further submits that Finance Department vide Government Order No. 454-F of 2019 dated 24.10.2019 has accorded sanction for release of ex gratia relief in favour of PDD Employees as well other persons or their heirs and to the owners of Domestic Animals, who are electrocuted and die, or are rendered fully/partially disabled due to negligence of Power Development Department (PDD) and, accordingly, fixed compensation @ Rs. 10.00 lac in the case of death of a human beings. Lastly, he submits that petitioner No.1 has already exhausted her remedy of approaching the respondents by filing a representation to release the ex-gratia relief in her favour on account of death of her deceased son due to electrocution and requested them to acknowledge the pain and suffering of the petitioners.

SUBMISSIONS OF THE RESPONDENTS

5. Per Contra, Mr. Ravinder Gupta, learned counsel appearing on