The judgment established the principle that a statutory body, such as the Electricity Board, is liable for compensation in cases of negligence, even if there was no direct fault on its part, under the Electricity Act, 1910 and Electricity Supply Act, 1948.

Augustine George Masih, J.

1. This is a case wherein one Lajja Ram aged 34 years as returning to his village from Chandigarh on his motor cycle after selling milk on the fateful day i.e. 4.5.2007 at about 10.30 on the road from Village Parol to Village Nangal. When he was some distance away from his village Chhoti-Bari Nangal a live electricity wire of 11 KV, which was lying across the road came in contact with the motor cycle. Due to such high volt of electricity, the motor cycle got entangled resulting in death of Lajja Ram at the spot and the motor cycle damaged. Due to the electrical current, the body of the deceased was badly burnt. On hearing a noise, several villagers reached at the spot. Police also reached there and after getting the line disconnected, the body of the deceased was removed by the police and D.D.R. No. 39 dated 5.5.2007 was lodged at Police Station Mullanpur. Post-mortem was conducted on the deceased on 5.5.2007 and the opinion of the doctor regarding cause of death is as follows:

Opinion: In my opinion death occurred due to cardio respiratory failure due to

electric current. All injuries are anti mortem in nature and sufficient to

cause death in ordinary course of nature.

Probable time that elapsed:

A) Between injury & death - Immediate

B) Between death and - within 24 hrs.

Post-mortem examination.

Dated; 5.5.2007 Signature of Doctor.

Sd/- Dr. Harpeet

Place of Posting

M.O.C.H., Kharar.

This petition has been filed by Smt. Paramjit Kaur, widow of Sh. Lajja Ram, her three minor children, namely, Jawinder Kaur, Parminder Singh, Parveen Kumar and Smt. Dropati, mother of deceased Sh. Lajja Ram, praying for issuance of a writ of mandamus directing the respondents to pay compensation to the petitioners, who have lost their bread earner due to negligence of the Punjab State Electricity Board and its officials.

2 It is stated that Sh. Lajja Ram died on 4.5.2007 due to electrocution when he came in contact with the live wire of 11 KV. Sh. Lajja Ram deceased was a matriculate. By selling milk and running dairy as well as cultivating land of others on batai/theka, he was earning about Rs. 25,000/- per month. After the death of the deceased Sh. Lajja Ram, the petitioners have been rendered moneyless with no earnings and their life has become miserable. They are finding difficult to make the ends meet. Their life has been ruined for no fault of theirs or that of Sh. Lajja Ram deceased, due to negligence and ill maintenance of the electrical system by the Punjab State Electricity Board. The sole bread earner of their family has been killed. They have prayed for grant of compensation so that they are able to survive and live a life with reasonable dignity. It has been pleaded that they had served legal notice dated 31.07.2007 on the respondent-Board for grant of compensation of Rs. 25 lacs on account of death of Sh. Lajja Ram but no response has been received from their side. Left with no hope, they have approached this Court.

3. State of Punjab has filed reply to the writ petition through its Deputy Commissioner, S.A.S. Nagar (Mohali)-respondent No. 2 wherein it has been stated that the Punjab State Electricity Board is solely responsible for maintenance and supply of electricity throughout the State of Punjab. It is also stated that Punjab State Electricity Board is a specialized body dealing with supply of electricity independently and exclusively in the State of Punjab. The petitioners are entitled to compensation but respondent No. 2 is not the competent authority to grant compensation to the petitioners.

4. Respondents No. 3 to 5 have filed reply to the writ petition through the Senior Executive Engineers, Operation and Distribution Division, Punjab State Electricity Board, S.A.S. Nagar (Mohali). It has been