The main legal point established is the liability under the Electricity Act, 2003 for maintaining electric lines to prevent loss of life.

JUDGMENT

Rakesh Kumar Jain, J. (Oral) - Petitioner No. 1 is the widow of Jagdeep Singh and petitioners No. 2 and 3 are his minor children. They have prayed for the issuance of a writ in the nature of mandamus to award compensation for the death of Jagdeep Singh due to electrocution on account of negligence on the part of the respondents.

2. In brief, deceased Jagdeep Singh was going to the Dera of Bikramjit Singh of village Jagdev Kalan, Tehsil Ajnala, District Amritsar with a tractor-trolley loaded with sand, which came into contact with the hanging electric wire, as a result whereof not only the tractor-trolley was totally damaged but Jagdeep Singh also died at the spot. He was cremated without post-mortem. The electric supply line of village Jagdev Kalan was installed from 11 KV line to release an AP connection to one Balbir Singh S/o Murad Singh and it was energized at the time of accident but the said electric line was sagging and had touched the body of the tractor-trolley, resulting into electrocution, which took not only the life of Jagdeep Singh but also destroyed the tractor-trolley both.

3. Counsel for the petitioners has submitted that as per section 68 of the Electricity Act, 2003 (hereinafter referred to as the "Act"), it is the responsibility of the licensee to maintain the overhead transmission line in such a manner that it may not cause any kind of damage to the human being or animals' life. They have also submitted that the deceased was a healthy man of 28 years of age and was earning Rs. 16,000/- per month. The petitioners have also referred to two decisions of the Supreme Court rendered in the cases of Nilabati Behera v. State of Orissa & Ors., 1994(1) RCR (Criminal) 18 and Dr. Mehmood Nayyar Azam v. State of Chhattisgarh, 2012(3) RCR (Criminal) 925 to contend that it is the constitutional duty of the State to protect life and liberty of its citizens.

4. In the reply filed by respondents No. 3 to 8, it is alleged that in the peak summer time, the electricity wires/lines get elongated on account of normal physical properties and the deceased had also got his trolley elongated and because of the height of the trolley by putting iron gates/jallies, it came into contact with the electric wire for which the respondents are not responsible. It is further submitted that the petitioners did not supply copy of the FIR, post-mortem report, birth certificate, income certificate and the death certificate etc. for the purpose of compensation. However, in the reply filed by the Chief Electrical Inspector to Govt. Punjab, Patiala, the following averments have been made:-

"1. That the department of Chief Electrical Inspector, Respondent No. 3 is under the administrative control of Secretary Power to Govt. Punjab and is responsible for implementation and administration of Electricity Act, 2003 & Rules and Regulations made thereunder. That the intimation regarding occurrence of accident to Sh. Jagdeep Singh a private person of V. Jagdev Kalan of District Amritsar on 03.06.2014 was given to the office of Chief Electrical Inspector as required under Rules regarding intimation of accidents (Form and time of Service Rules, 2005) on 04.06.2014 by SDO, Harsha Chhina a functionary of Punjab State Power Corporation Ltd., Respondent No. 2 vide his letter No. 528 dated 04.06.2014 the relevant part of the Rule is reproduced below:-

3. Intimation of accidents- (1) If any accident occurs in connection with the generation, transmission, supply or use of electricity in or in connection with, any part of the electric lines or other works of any person and the accidents results in or is likely to have resulted in loss of human or animal life or in any injury to a human being or an animal, such person or any authorized person of the generating company or licensee, not below the rank of Junior Engineer or equivalent shall send to the Inspector a telegraphic report within 24 hours of the knowledge of the occurrence of the fatal accident and a re