By the Court.—Heard learned counsel representing the parties. The petitioner has preferred the instant writ petition under Article 226 of the constitution of India to issue a writ in the nature of mandamus directing the U.P. Power Corporation Limited to pay compensation.

2. According to the petitioner’s counsel, petitioner’s husband on 8.7.2009, at about 6:30 a.m., Arimardan Singh came in contact with the insulated open cable installed by U.P. Power Corporation Limited. On being touched with the insulated cable, he was electrocuted and succumbed to injuries. Post mortem was conducted and the post mortem report revealed that he died because of electrocution. A copy of post mortem report of petitioner’s husband, has been annexed as Annexure 3 to the writ petition. After the death of petitioner’s husband, the petitioner requested the Executive Engineer of U.P. Power Corporation Limited for payment of compensation. A copy of representation submitted to the competent authority, has been filed as Anenxure No. 4 to the writ petition.

3. It has also been submitted by the petitioner’s counsel that the incident occurred because of lapse on the part of U.P. Power Corporation Limited and its Maintenance Engineer. On account of negligence of the U.P. Power Corporation Limited to maintain its electricity line, the electrocution took place.

A legal notice was also sent by the petitioner for payment of compensation to the tune of Rs. 75,00,000/-. In spite of repeated requests made, the compensation was not paid.

4. Submission of the petitioner’s counsel is that in pursuance of provisions contained in Rule 29, 30 (4), 50 (1) and 77 (3) of Indian Electricity Rules, 1956, the petitioner is entitled for compensation. It is also submitted that immediate compensation of Rs. 1,00,000/- should also be paid to the petitioner under relevant Rules. A specific pleading has been made in the writ petition that the respondent U.P. Power Corporation Limited has not maintained its electricity line with sufficient care to prevent such mis-happening. Accordingly, the dependant of the deceased person who suffered on account of ill-maintenance of electricity line, shall be entitled for payment of compensation. The aforesaid Rules relied upon by the petitioner’s counsel, are reproduced as under :

29. Construction, installation, protection, operation and maintenance of electric supply lines and apparatus—(1) All electric supply lines and apparatus shall be of sufficient ratings for power, insulation and estimated fault current and of sufficient mechanical strength, for the duty which they may be required to perform under the environmental conditions of installation, and shall be constructed, installed, protected, worked and maintained in such a manner as to ensure safety of [human beings, animals and property.

(2) Save as otherwise provided in these rules, the relevant code of practice of the 3[Bureau of Indian Standards] 4[including National Electrical Code] if any may be followed to carry out the purposes of this rule and in the event of any inconsistency, the provision of these rules shall prevail.

(3) The material and apparatus used shall conform to the relevant specifications of the [Bureau of Indian Standards] where such specifications have already been laid down.

30. Service lines and apparatus on consumer’s premises—(1) The supplier shall ensure that all electric supply lines, wires, fittings and apparatus belonging to him or under his control, which are on a consumer’s premises, are in a safe condition and in all respects fit for supplying energy and the supplier shall take due precautions to avoid danger arising on such premises from such supply lines, wires, fittings and apparatus.

(2) Service-lines placed by the supplier on the premises of a consumer which are underground or which are accessible shall be so insulated and protected by the supplier as to be secured under all ordinary conditions against electrical, mechanical, chemical or other inj