LAWS(DLH)-2018-3-13

SATISH KUMAR Vs. BSES YAMUNA POWER LTD

Decided On March 07, 2018
SATISH KUMAR Appellant
V/S
Bses Yamuna Power Ltd And Anr Respondents

JUDGEMENT

(1.) The present petition has been filed with the following prayers:- "It is, therefore, most respectfully prayed that under the facts and circumstances stated above and in the interest of justice and equity, this Hon'ble Court may graciously be pleased to :-

(2.) It is the case of the petitioner that he along with his wife and two children aged about 10 years and 4 years were residing in A-469, Gali No. 10, Phase-VI, Shiv Vihar, East Karawal Nagar, Delhi-110094. On May 19, 2016 a high voltage wire of the BSES Yamuna Power Ltd broke down and fell on all of them, which resulted in their burning. It is stated, on June 24, 2016, the petitioner's son's leg was amputated to save his life. On July 14, 2016 he gave a complaint in writing to the SHO, PS Karawal Nagar, Delhi. On July 18, 2016 the son of the petitioner expired during his treatment in the hospital. It is his case, no official came and contacted him for registration of FIR against BSES, respondent No.1. On July 21, 2016, the petitioner again sent a letter to the SHO and intimated about the death of his son. However, no FIR was registered even then. On July 29, 2016, a representation under Section 156(3) Cr.PC was sent to the DCP, North-East District, which resulted in an FIR No 0259 under Section 285 / 337 / 304 IPC dated August 03, 2016 was registered against the respondent No.1.

(3.) It is his case, the incident has resulted in great mental agony, trauma and monetary loss due to the negligence on the part of the respondents, for which he is liable to be compensated. I may state here that initially the petition was filed against two parties BSES Yamuna Power Ltd and the Government of NCT of Delhi. Thereafter, on the submission of the learned counsel for the respondent No.1 Reliance General Insurance Company Ltd, respondent No.3 was also impleaded as a respondent.