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2010 Supreme(MP) 289

SANJAY YADAV
Mankunwar – Appellant
Versus
Chairman – Respondent


ORDER

Sanjay Yadvav, J.

1. Shri Nitin Agrawal, learned Counsel for the Petitioners.

Shri Vivek Rusia, learned Counsel for the Respondent No. 1.

2. Smt. Sheetal Dubey, learned Govt. Advocate, for the Respondent No. 2.

With consent matter is heard finally.

3. The question which falls for determination is whether Collector, Respondent No. 2, was justified in rejecting the claim of the Petitioner for relief under Public Liability Insurance Act (No. 6 of 1991) (hereinafter referred to as the Act of 1991), in lieu of death of Sanju, who died due to electrocution, on the ground that he was negligent.

4. Few uncontroverted facts "Sanju (since deceased) aged 22 years on 18-10-2005 went to agriculture field, village Kathotiya to operate motor pump, during course whereof, he received the electric shock when he came in contact with the open parts of the live wire of the starter. The death was instant. Criminal case forming subject matter of Crime No. 94/2005 was registered at Police Station Gadarwara. In the post mortem, the cause of death was shock and syncop due to contact with live electric wire.

5. Legal representatives of the deceased, i.e. the Petitioners, filed an application under Section 6 of



























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