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2024 Supreme(Online)(Del) 32504

IN THE HIGH COURT OF DELHI AT NEW DELHI
PURUSHAINDRA KUMAR KAURAV, J
SHAGUFTA ALI – Appellant
Versus
GOVERNMENT OF NCT OF DELHI – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Saeed Qadri, Mr. Saahil Gupta, Mr. Mohd. Shakil
For the Respondents: Mr. Anuj Aggarwal, Ms. Arshya Singh, Mr. Yash Upadhyay, Mr. Siddhant Dutt, Mr. Manish Srivastava, Mr. Moksh Arora, Mr. Santosh Ramdurg, Mr. Yash Srivastava

Table of Content
1. compensation for electrocution. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. arguments regarding duty and negligence. (Para 8 , 9 , 10 , 11 , 12 , 13)
3. principles under article 21 for compensation. (Para 15 , 18 , 21 , 22 , 24)
4. importance of establishing negligence for compensation. (Para 16 , 20 , 28 , 32 , 38)
5. court's directive for compensation. (Para 62 , 63 , 64 , 65 , 66 , 67 , 68)

JUDGMENT

In the instant writ petition, the Court is called upon to adjudicate the dispute pertaining to the claim for compensation on account of unfortunate death of the petitioner‟s husband due to electrocution. The petitioner is a widow of late Mr. Afzal Ali, who died due to electrocution on 21.05.2017. She is, therefore, seeking compensation amounting to Rs.50 lakhs from the official respondents.

2. The facts of the case would exhibit that the husband of the petitioner, namely Mr. Afzal Ali (hereinafter “deceased”) was working as a Sub-Inspector since 1990 in Delhi Police (Traffic). The marriage of the petitioner with the deceased was solemnized in the year 1991 and three children were born out of the wedlock.

3. On the fateful day of 21.05.2017, when the deceased had gone to the cycle mark

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