IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-17813-2026
Date of Decision: 29.05.2026
DHARAMVIR AND OTHERS
...Petitioners
Versus
STATE OF HARYANA AND OTHERS
...Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present:- Mr. Ravi Ambawata, Advocate for petitioner
Mr. Deepak Vashishth, DAG, Haryana
Mr. Ravish Kaushik, Advocate
For respondent - Nigam
***
JAGMOHAN BANSAL, J. (ORAL)
1. The petitioners through instant petition under Article 226/227 of the Constitution of India are seeking compensation on account of death of their family member due to electrocution.
2. The deceased aged 24 years was working as tube-well operator in the Public Health Department and was a sole breadwinner of his family. On 24.08.2025 while operating the tube-well/starter at village Koka, he came in contact of electric current and suffered a fatal electric shock which resulted in his death. He was taken to Government Hospital, Mahendergarh where he was declared dead. The post-mortem report dated 25.08.2025 confirmed his cause of death as electrocution. Petitioners approached respondent-department seeking compensation for untimely death of their son and also served legal notice dated 16.10.2025 but to no avail.
3. As per notification dated 15.07.2019, there is strict liability of Dakshin Haryana Bijli Vitran Nigam Limited (for short ‘Nigam’) in case of fatal accident. Paragraph No.11 of the notification which creates strict liability of the Nigam reads as:-
“11. Private Person for Fatal Accident & NonFatal
Accidents DHBVN is engaged in the hazardous activity
and risky for the human life and thus DHBVN owns strict
liability for compensation to the private person.
Accordingly, the compensation to the private person
shall be payable in case of fatal as well as nonfatal
accident irrespective of the reasons for such accident as
the electricity system is open to the public. The
compensation amount shall be payable as per provision
of the Employees Compensation Act, 1923. However, this
compensation shall be applicable for the accident cases
occurring with the electrical network of the DHBVN and
not in private premises.”
4. Learned counsel for the respondent-Nigam assures the Court that competent authority would consider petitioners’ claim and an appropriate order would be passed as per policy dated 08.07.2019.
5. Learned counsel for the petitioners agrees to the aforesaid arrangement.
6. In the wake of statement of both sides, the petition stands disposed of.
7. The respondents are hereby directed to consider petitioners’ claim and pass an appropriate order within six weeks from today.
8. Pending Misc. application(s), if any, shall stand disposed of.
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