SURENDRA PRATAP Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned Counsel for the petitioners as well as Sri Indrajeet Shukla, learned Additional Chief Standing Counsel appearing on behalf of the State and Sri Vasudeo Mishra, who appears on behalf of the respondents no.3 and 4.

(2.) The facts that emerged from Writ-C No.1002174 of 2015 are that one Sri Amit Kumar Pandey died on account of coming into contact with live wire on 12/10/2011 at 08:45 AM due to electric shock. It is also on record that with regard to the incident, an FIR was registered as Case Crime No.358 of 2011, under Sec. 304A of the IPC against the officers of the electricity department on account of the death of Sri Amit Kumar Pandey. The petitioners made several applications for grant of compensation but the same was not done. It is specifically pleaded in para 8 of the writ petition that with regard to the live wires, a complaint was also made to the electricity department and apprehension was also expressed that the improper laying of electricity lines and that too fraudulently can lead to an accident anytime which can result in loss of life and property.

(3.) As no compensation was paid by the electricity department, an application was filed under the Public Liability Insurance Act, 1991 (in short ' the PLI Act') before the District Magistrate wherein it was stated that at the time of accident, the age of the deceased Amit Kumar Pandey was 23 years and was earned Rs.9,000.00 per month. It was also stated that Amit Kumar Pandey was survived by his father, mother, wife and two minor children. It was also stated that on the date of incident i.e. 12/10/2011 at about 08:45 AM, the deceased was working along with his uncle Brijesh Pandey. While going to the field, the uncle of the deceased came in contact with the electricity and when the deceased tried to save him, he got electrocuted and died. It is also recorded that after the death of Amit Kumar Pandey, postmortem was also conducted. The cause of death as shown in the postmortem report is shock as a result of electrocution.