JUDGMENT :

Surya Prakash Kesarwani, J.

Heard Shri Araf Khan, learned counsel for the petitioner, learned standing counsel for the State-respondent and Shri M.C.Chaturvedi, learned Senior Advicate assisted by Ms. Arti Raje, learned counsel for respondent Nos. 2 to 4.

Brief Facts :

2. Briefly stated, facts of the present case are that the petitioner's husband, namely Hani Khan died on 10.4.2022 on account of electrocution by 11 KV overhead line which was installed by the respondents at a height of less than 4.7 meters in breach of Rule 77 of the Rules, 1956 and non-maintenance of the aforesaid line by the respondents as per provisions of Rule 29 of the Rules, 1956.

3. As per admitted case of the respondents, the death of the husband of the petitioner was caused on 10.4.2022. The petitioner submitted entire desired papers including certificate of Maharani Laxmi Bai Medical College and Hospital, Jhansi, dated 10.4.2022 in which cause of death of her husband has been shown as electric current, Panchnama dated 10.4.2022 and death certificate dated 20.4.2022 etc. of her husband.

4. Petitioner's statement was recorded by the competent authority/Electricity Safety Officer on 13.4.2022. Form 4 under Section 161(2) of the Electricity Act, 2003 was submitted by the Deputy Director, Electricity Safety, Government of Uttar Pradesh, Jhansi, Region, Jhansi on 18.4.2022 in which the entire particulars of the incidence and the investigation report etc. were well mentioned with reference to documentary evidences, namely, First Information Report dated 11.4.2022, detailed report dated 11.4.2022, police report, medical report received on 15.4.2022 and investigation report dated 13.4.2022 etc. The fact of cause of death of the petitioner's husband being electric current and negligence of officers and employees were also recorded in the said report.

5. On 18.4.2022 the Deputy Director, Electricity Safety, Government of Uttar Pradesh, Jhansi Region, Jhansi, submitted a report to the respondent No. 2 requesting him to take action as per relevant Government orders and also submitted that investigation under Section 161 of the Electricity Act, 2003 has been completed and recommendation for compensation to the petitioner has been made which is to be paid by the Electricity Distribution Corporation. Thus, by 18.4.2022 all the required investigation and reports were submitted by the competent authorities to the respondent No. 2 for payment of compensation to the petitioner.

6. In paragraph 8 of the writ petition, the petitioner has specifically stated that her deceased husband was working as a contractor of M/s. Sri Ramdoot Steelfab and his total income was around Rs. 3,50,000/- per annum and in support thereof she has also submitted proof of income namely income tax return/acknowledgement relating to A.Ys. 2017-18, 2019-20 (Net Total Income Rs. 3,47,630/-) and 2021-22 (Net Total Income Rs. 3,71,230/-), copies of which have been collectively filed as Annexure 7 to the writ petition. The contents of paragraph-8 of the writ petition regarding annual income of the deceased to be Rs. 3,50,000/- supported by documentary evidences as aforementioned has been admitted by the respondents in paragraph-7 of the counter-affidavit/affidavit of compliance dated 6.9.2022.

7. Thus, it is undisputed that the income of the deceased based on average income of last three years, was more than Rs. 3,50,000/- per annum. It has also been admitted by the respondents in paragraph-6 of the aforesaid personal affidavit/counter-affidavit dated 6.9.2022 that the death of the petitioner's husband was caused due to defective installation of 11 KV overhead line.

8. Thus, as per admitted case of the respondents, the death of the petitioner's husband was caused on 10.4.2022 due to defective installation of 11 KV overhead line of the respondents. Since on admitted facts of the case, the respondent