W.P.(C) 8432/2018

Page 1 of 25

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment Pronounced on: 15.01.2021

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W.P.(C) 8432/2018

MUNNI DEVI

..... Petitioner

Through

Ms.Ankita

Patnaik,

Advocate

(DHCLSC)

versus

GOVT. OF NCT OF DELHI & ANR.

.... Respondents

Through

Mr.Jawahar

Raja,

ASC

(Civil),

GNCTD with Mr.Archit Krishna, Adv. for R-

1/Govt. of NCT of Delhi.

Mr.Ravi Gupta, Sr.Adv. with Ms.Anju Thomas,

Adv. for R-2/BSES-RPL.

Mr.Rajeev M.Roy and Mr.P.Srinivasan, Advs. for

R-3/ Reliance General Insurance Co.Ltd.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

1.

This writ petition is filed by the petitioner seeking an appropriate writ

of mandamus directing respondents No.1 and 2 to pay a compensation of

Rs.30 lakhs or any other reasonable compensation to the petitioner.

JAYANT NATH, J.

2.

The case of the petitioner is that her son Mintu Kumar Jha who was 23

years old was pursuing a degree in Bachelor of Science from Indira Gandi

Open University. While passing through House No.D-62, DDA Flats,

Kalkaji, New Delhi on his bicycle on 16.05.2007 at around 8.05 pm he lost

his life due to electrocution when an exposed live electric wire fell down

upon his bicycle. This act was totally attributable to the negligence of the

respondents.

2021:DHC:160

W.P.(C) 8432/2018

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3.

It is stated that the post-mortem report of the deceased son which was

conducted by AIIMS on 16.05.2007 clearly shows that death was caused due

to electrocution and all injuries of the deceased were ante-mortem in nature.

4.

It is stated that the petitioner’s son was only 23 years of old and was at

the prime of his youth. However, due to carelessness and negligence of the

respondents, the petitioner lost her son at a young age. The petitioner’s son

was pursuing a degree in Bachelor of Science and had a very bright future

ahead of him. It is further stated that subsequently Mr.Sonu Kumar Jha, the

petitioner’s other son who was suffering from acute depression due to his

brother’s death also passed away on 27.10.2010.

5.

It is stated that the petitioner thereafter regularly visited PS Kalkaji to

enquire about the death of her son but no information regarding the same

was given. Thereafter, the petitioner’s husband approached the court of

Sh.Nishant Garg, MM, Saket Courts, New Delhi calling for a status report of

the incident of 16.05.2007. The court passed an order directing Delhi Police

to file a status report. The status report dated 08.12.2017 was filed by the

Delhi Police where it was clearly stated that the death of the deceased

Sh.Mintu Kumar Jha was caused due to electrocution and all injuries were

ante-mortem. Despite this, no FIR was registered by the Police against the

respondents.

6.

On coming to know about the status report, the petitioner sent a legal

notice on 22.12.2017 to respondent No.2/BSES Rajdhani Power Limited

demanding compensation but no reply has been received.

7.

It is stated that the petitioner is a housewife, suffering from acute

anemia while her husband is a labourer and earns about Rs.48000/- per

annum. They have no other source of income and her husband is suffering

2021:DHC:160

W.P.(C) 8432/2018

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from asthma and poor eye sight. The petitioner has lost her two sons. The

petitioner is a resident of Darbhanga, Bihar and is running from pillar to post

in Delhi to get justice for their son who died due to negligence of the

respondents. As the petitioner’s husband is unable to earn their livelihood,

the burden of taking care of the family has fallen on the only surviving son

Sh.Amit Kumar Jha who is doing a private job and has to sustain his own

family also. It is pointed out that aggrieved by the non-action of the

respondents of not giving compensation or not giving a reply to the legal

notice; the petitioner along with her husband approached the District Court,

Saket by filin