MAMTA DEVI Vs. BSES

JUDGEMENT

(1.) First petitioner, Mamta Devi is the wife of late Harish Chandra Jha. Second to fourth petitioners are the minor sons and daughters of late Harish Chandra Jha. Fifth petitioner is the mother of late Harish Chandra Jha. First respondent is BSES Rajdhani Power Limited, the successor in interest of Delhi vidyut Board. Second respondent was functioning as the site incharge at sub-station (33 KVA, Bhikaji Cama Place, New Delhi) and was an employee of Delhi Vidyut Board when the unfortunate incident took place in which Harish Chandra Jha died. Third respondent is the proprietor of the fourth respondent. It is pleaded that Harish Chandra Jha was employed by respondent No.3. Fifth respondent is M/s. Crompton Greaves Ltd., the stated manufacturer of the panel which was being installed in the sub-station when the unfortunate incident took place.

(2.) Late Shri Harish Chandra Jha died on 15.7.99 when, during repair work, an explosion took place at the Bhikaji Cama Place, Sub-station, then maintained by the Delhi Vidyut Board.

(3.) It is stated in the petition that in the month of June, 1999, DVB awarded a contract to respondent no.4 to erect and commission five numbers of 11 KVA switch gear panels at the sub-station. It is stated in the petition that vide letter dated 16.7.1999, the concerned engineer of DVB directed the staff of the sub-station to allow the persons named therein, stating that they were employees of respondent no.4, to carry out the work. As stated in the petition, when the work commenced, site in charge of the sub-station, respondent no.2, told that there was no current in the grid. When work was on, there was a flash and a bang. Harish Chandra Jha, died as a result of the fire.