MANWATI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners are the unfortunate wife and three minor children of late Sita Ram who was a jhuggi dweller near Khokha Market, Phase -I, SAS Nagar Mohali. The undisputed facts are that due to sufferance of electric shock on felling down of 11KV electric wire both Sita Ram and his another minor son Rajesh who were inside the jhuggi died at the spot. Late Sita Ram used to work as a Painter with a government contractor. Having lost their only source of livelihood that the petitioners are before this Court seeking a direction to the respondents to pay them compensation to the tune of Rs. 10 lacs along with interest @ 18% per annum.

(2.) THE respondents have filed their reply/affidavit refuting the petitioners claim solely on the plea that the jhuggi constructed by late Sita Ram was unauthorised. The State Governments reply explains that the cause of incident was investigated and action has been taken against the supplier who was responsible for distribution of power and who allegedly violated Rule 29 of the Indian Electricity Rules, 1956. In other words, the fact that the accident was caused due to negligence of an agent of the respondents is not in dispute.

(3.) IT is true that for the determination of actual amount of compensation on the basis of factors like life expectancy of the deceased, his earnings and the nature of dependency of the petitioners etc. the petitioners need to and are entitled to approach a forum like the Civil Court. However, keeping in view the fact that such a process is likely to take some reasonable time to resolve the factual issues and the petitioners at this stage are in dire need of entitled help, it would be in the fitness of things that this Court invokes its extraordinary powers under Article 226 of the Constitution and grant some ad hoc compensation to the petitioners without prejudice to their legal rights before the Civil Court/other appropriate forum.