LAWS(DLH)-2011-3-58

RENU KUMARI Vs. BSES RAJDHANI POWER LTD

Decided On March 07, 2011
RENU KUMARI Appellant
V/S
BSES RAJDHANI POWER LTD. Respondents

JUDGEMENT

(1.) THE writ petition was filed by the widow and the brother of the deceased claiming compensation of '5 lacs from Delhi Jal Board (DVB) and the Govt. of NCT of Delhi on account of death due to electrocution on 8th November, 1999. Notice of the writ petition was issued. Counter affidavits have been filed by the respondents. Rule was issued on 19 th February, 2004. Vide order dated 30 th January, 2008 the status report was called from the police and in response whereto report dated 6 th March, 2009 has been filed by SHO, P.S.-Uttam Nagar, New Delhi. As per the First Information Report (FIR), the deceased was carrying on activity as a barber on an open plot of land; that there was an electric pole nearby; the deceased caught the wire holding/supporting the said pole and which wire was energized and the deceased fell down and was declared dead. THE incident happened in the evening of 8th November, 1999 and the FIR was lodged on 9th November, 1999.

(2.) UPON the unbundling of the DVB, M/s BSES Rajdhani Power Ltd. was impleaded as respondent no.1 and has filed a counter affidavit in which it is stated that the deceased died while attempting to illegally tap electricity from the electricity pole and the respondent no.1 is thus not liable.

(3.) PER contra, the counsel for the respondent no.1 has contended that in view of the dispute raised in the counter affidavit, the petitioners ought to be relegated to a suit. He has fairly stated that since the writ petition has remained pending in this Court for long and the limitation for filing the suit may have lapsed, the petitioners can be given benefit of Section 14 of the Limitation Act as has been given in the judgments listed in the counter affidavit.