The court held that a writ petition for payment of compensation for the death of a person in electrocution is maintainable when the undisputed facts clearly reveal the same. The court also held that the electricity board was negligent in properly maintaining the electric wires and had not adhered to proper safety measures, resulting in the untimely death of Balbir Singh. The court further held that the petitioners were entitled to compensation under the principles of strict liability, absolute liability, and res ipsa loquitur.

Paramjeet Singh, J.

The unfortunate parents and an unmarried sister have approached this court under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to pay compensation to the petitioners who have lost their 18 years old son Balbir Singh alias Gulab (deceased), student of 10+2 class, a helping hand in the agricultural works for the family and a bread earner. While working in his fields on 16/06/2013, he suddenly came in contact with a live supporting stay wire (guy wire) of 11 KVA electric pole standing near the tube-well room in his fields and died at the spot due to electrocution. Immediately, he was taken to Saraswati Mission Hospital, Pehowa for treatment, but doctor declared him brought dead. A DDR No. 19 dated 16.06.2013 (Annexure P-1) was lodged with the police at police post Karah Sahib and post-mortem (Annexure P-2) of the dead body was conducted on 17/6/2013. The doctor opined cause of death as under :

"Opinion: in my opinion the cause of death in this case is electrical injury which is ante mortem in nature and sufficient to cause death in ordinary course of events.

Probable time that elapsed

(a) Between injury and death-within minutes

(b) Between death and PME-within 24 hours.

2. The averments in the writ petition are to the effect that deceased died due to the negligence of respondent Nos.3 to 5 as the respondents did not take care to maintain electric installations, did not put any bad conductor at the time of installing the pole and guy wire in the Earth so that current may not travel in the guy wire. Compensation is claimed from the State respondent No.1, District Collector respondent No.2 and respondent Nos.3 to 5 responsible authorities of electricity board (hereinafter to be referred as Corporation) as deceased died due to the negligence and carelessness of the Corporation having failed to take safety measure to avoid flow of current in the guy wire. During the pendency of the writ petition, the petitioners have placed on record matriculation certificate (Annexure P-7) which shows that the deceased passed matriculation examination with 72.6% marks meaning thereby he was a bright student although having rural background. In the said application the averments are to the effect that as per Haryana Government policy, deceased would have come within the category of highly skilled worker and at that point of time minimum wages fixed for such worker were Rs. 5862/- per month and compensation assessed at that income comes to worth Rs. 18,66,192/-.

3. The Corporation did not pay any compensation or financial assistance to the petitioners' family, in spite of service of legal notice dated 31/07/2013 (Annexure P-3). When all the persuasions of the petitioners to pay any compensation ended in a fiasco, they have approached this court for compensation by way of instant writ petition.

4. Pursuant to notice of motion, separate written statements have been filed by respondent No. 2 and respondent Nos. 3 to 5. Though the incident has been admitted, but a stand has been taken that the Corporation had no role to play. The sum and substance of the stand of respondent nos.3 to 5, and 2 is that they had taken all precautionary steps to avoid any accident to any person or animal. At that time, Mr. Tara Chand, Assistant Foreman, of the area of UHBVN was working in Government School, Ishaq, for installing transformer on 11 KVA, RDS, Ishaq feeder vide PTW No. 25 dated 16/06/2013. At about 1.00 PM, the farmers came to him and told that an electric accident has occurred in which Balbir Singh son of Jagir Singh has suffered electric shock. Mr. Dalip Singh, Lineman, who was working with Mr. Tara Chand, Assistant Foreman at that time informed about the fatal accident to Mr. Prince Bura, then SDO (Operation). At that point of time Mr. Tara Chand did not think it appropriate to visit the spot as the public was in violent mood and there was apprehension that they woul