The Permanent Lok Adalat lacks jurisdiction to adjudicate compensation claims for death or injury due to electrocution, deeming them tortious disputes requiring civil trial.

JUDGMENT :

SUVIR SEHGAL, J.

1. The sole question that arises for consideration in the abovementioned bunch of 15 cases, which are being decided by a common order, is :

“Whether Permanent Lok Adalat for Public Utility Services, (for short “the PLA”) has jurisdiction to determine compensation on account of death or bodily injury caused by electrocution.”

2. Facts, in brief, of the lead case i.e. CWP-20463-2016, deserve to be noticed. During the night intervening 15/16.06.2014, Naveen, petitioner’s son was electrocuted when he came in contact with an iron pipe, that was touching a live electric wire. Naveen died and an FIR bearing No.87 dated 16.06.2014, was lodged under Section 304 -A IPC at Police Station Sadar, Rewari. The electric supply was being delivered by Dakshin Haryana Bijli Vitran Nigam Ltd., a power distribution company (hereinafter referred to “DISCOM”). Petitioner, who is the father of the deceased, (hereinafter referred to as “claimant”), filed a petition, Annexure P-2, under Section 22 -C of the Legal Services Authorities Act, 1987 (for short, “the Act of 1987”) seeking compensation of Rs.10 lacs, which has been partly accepted by impugned award dated 09.07.2016, Annexure P-1, holding that DISCOM is liable to pay Rs.2,50,000/-, besides interest, as compensation. Claimant has approached this Court for enhancement of compensation.

3. By making a reference to FIR as well as postmortem report, counsel for claimant has asserted that Naveen died due to electrocution as DISCOM was negligent in maintenance of the electricity wires. Counsel states that deceased was a young man of 20 years and running a shop. He had his entire life ahead of him and was the primary breadwinner of the family. He asserts that PLA has erred in awarding a meagre amount of compensation, which deserves to be enhanced. He has pointed out that DISCOM had filed a writ petition (CWP-22640-2016) challenging the award, Annexure P-1, which was dismissed by this Court on 03.11.2016. Besides claiming enhancement, counsel for the claimant has placed reliance upon judicial precedents to assert that claim is maintainable before the PLA. He is supported by the counsel representing the claimants in the connected petitions. The judgments relied upon by them are:

(i) Bar Council of India vs. Union of India, (2012) 8 SCC 243

(ii) Canara Bank vs. G.S. Jayarama, 2022 SCC OnLine SC 656

(iii) Meera and others vs. SDO/XEN DHBVN Ltd. and others, 2023 (3) RCR (Civil) 548

(iv) Punjab State Electricity Board vs. Union of India and others, 2014 (2) PLR 303

(v) Divisional Engineer, Electricity Distribution Division-I vs. Raman Singh and another, 2019 (4) Civil LJ 396

(vi) Executive Engineer, Electricity Distribution Division-II, Mohaddipur, Gorakhpur vs. Chairman, Lok Adalat, Gorakhpur and others, 2015 SCC OnLine All 8400

(vii) Paramjit Kaur and others vs. State of Punjab and others, 2008 (4) PLR 185

(viii) Hubli Electricity Supply Company Hescom Hubli and others vs. Smt. Pavitra Ramanath Gaonkar and others Law Finder Doc Id #2318700

4. Per contra, counsel for DISCOM has opposed the petition and has submitted that PLA did not have the jurisdiction to entertain a petition for grant of compensation on account of death or injury due to electrocution. It has been argued that PLA cannot adjudicate disputes relating to claims based on tortious liability. Mr. R.S. Longia, Advocate has made a statement that no recovery shall be effected from the claimants in CWP-11068-2019 and CWP-17455-2018, wherein, in compliance of the award passed by PLA, compensation has been disbursed. Reference has also been made to the policies framed for grant of compensation in cases of fatal and non-fatal accidents due to electrocution. It has been submitted that DISCOMs have been making payment of compensation in cases of death by electric shock under the aforesaid policies. Reliance has been placed upon :

(i) Superintending Engineer CSEB, Bilaspur Division and another vs. Public Utility Permanent Lok Adalat, Bilaspu