Sanjogita vs State Of Haryana And Others

Jagmohan Bansal, J

The petitioner through instant petition under Article 226/227 of the Constitution of India is seeking direction to respondents to pay her compensation on account of death of her husband by electrocution.

Mr. Ravish Kaushik, Advocate has appeared and filed Power of Attorney on behalf of respondent Nos.2 to 8. The same is taken on record. Registry is directed to tag the same at an appropriate place.

Mr. Rakesh Kumar on 01.07.2025 while doing shuttering work came in contact with an electric wire which was loose and low. He was taken to Gaba Hospital, Yamuna Nagar. He was declared brought dead. A complaint in this regard was lodged with Police Station vide DDR No. 11 dated 01.07.2025.

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 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."

Learned counsel for the respondents on instructions from Mr. Shekhar Mohan, Executive Engineer, Yamuna Nagar submits that petitioner has not approached jurisdictional authorities.

Learned counsel for the petitioner submits that a legal notice was served upon the respondents.

Be that as it may, the petition stands disposed of with a direction to respondents to consider petitioner's claim as per applicable policy and pass an appropriate order within six weeks from today. The present petition may be treated as representation of the petitioner.