NEETU DEVI Vs. STATE OF UP

JUDGEMENT

(1.) Heard learned counsel representing the parties. The petitioner has preferred the instant writ petition under Article 226 of the constitution of India to issue a writ in the nature of mandamus directing the U.P. Power Corporation Limited to pay compensation.

(2.) According to the petitioner's counsel, petitioner's husband on 8.7.2009, at about 6:30 a.m., Arimardan Singh came in contact with the insulated open cable installed by U.P. Power Corporation Limited. On being touched with the insulated cable, he was electrocuted and succumbed to injuries. Post mortem was conducted and the post mortem report revealed that he died because of electrocution. A copy of post mortem report of petitioner's husband, has been annexed as Annexure No.3 to the writ petition. After the death of petitioner's husband, the petitioner requested the Executive Engineer of U.P. Power Corporation Limited for payment of compensation. A copy of representation submitted to the competent authority, has been filed as Anenxure No.4 to the writ petition.

(3.) It has also been submitted by the petitioner's counsel that the incident occurred because of lapse on the part of U.P. Power Corporation Limited and its Maintenance Engineer. On account of negligence of the U.P. Power Corporation Limited to maintain its electricity line, the electrocution took place.