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Judgment
Jagmohan Bansal, J
The petitioners through instant petition under Article 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.
Mr. Sawan on 10.07.2025 came in contact with electricity wires which were passing close to his house. He died on the spot at around 10:00 AM. A complaint in this regard was lodged with Police Station. As per record of Civil Hospital as well as post-mortem report, he died on account of multiple electrocution wounds. He was husband of petitioner No.1, father of petitioner No.2 and son of petitioner No.3. 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 Nigam read 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.”
Learned counsel for the respondents-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.
Learned counsel for the petitioner agrees to the aforesaid arrangement.
In the wake of statement of both sides, the petition stands disposed of.
Let the needful be done within two months from today.
