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Gaurav And Others vs State Of Haryana And Others

Punjab And Haryana At Chandigarh · Decided on 1 April 2026 · Citation: (2026) 04 P&H CK 0335

HON’BLE JUDGES
Jagmohan Bansal, J
ACTS & SECTIONS REFERRED
Constitution Of India, 1950 — Article 226, 227 · Bharatiya Nyaya Sanhita, 2023 — Section 106, 281
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 2296 Of 2026
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Judgment

8 paragraphs · 324 words

Jagmohan Bansal, J

1.

The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking direction to respondents to pay them compensation on account of death of their family member by electrocution.

2.

On 01.07.2025, Smt. Sarita was returning from Temple and on her way, an electric pole broke down and hit her. She suffered injuries and was declared brought dead by hospital. A complaint in this regard was lodged and an FIR No.169 dated 01.07.2025 under Sections 106, 281 of BNS, 2023 was registered at Police Station Sadar Mahendergarh, District Mahendergarh. As per record of Civil Hospital as well as post-mortem report, she died on account of multiple electrocution wounds. The petitioners are claiming compensation. As per notification dated 08.07.2019, there is strict liability of Uttar 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 Corporation reads as: -

“11. Private Person for Fatal Accident & Non-Fatal Accidents

UHBVN is engaged in the hazardous activity and risky for the human life and thus UHBVN 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 non-fatal 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 UHBVN and not in private premises.”

3.

Learned counsel for respondent Nos.2 to 6 assures the Court that competent authority would consider petitioners’ claim and pass an appropriate order as per policy dated 08.07.2019 within 6 weeks from today.

4.

Learned counsel for the petitioners agrees to the aforesaid arrangement.

5.

In the wake of statement of both sides, the petition stands disposed of.