MEERA Vs. SDO/XEN DHBVN LTD.

JUDGEMENT

(1.) The present petition challenges the Award dtd. 30/5/2014 passed by Permanent Lok Adalat (Public Utility Services), Rewari in case No.450 dtd. 30/9/2013 to the extent whereby inadequate compensation has been awarded on account of electrocution death of Satish Kumar - husband of petitioner No.1 and father of remaining petitioners.

(2.) Briefly summarized, the facts of the case are that Satish Kumar -since deceased, who was husband of petitioner No.1 and father of petitioners No.2 to 4, was employed with P.S. Logistics on a monthly salary of Rs.10,000.00. On the date of incident i.e. 21/7/2013, he had visited the shop of Dr. Ashok at Bus Stand Chilhad, Tehsil and District Rewari. An electric transmission line was passing by at a height of 3-4 feet from the roof of the shop and was dangerously sagging. The deceased Satish Kumar was accidently electrocuted on account of coming in contact with the aforesaid electric transmission line. He sustained fatal injuries and was referred to Birendera Hospital Rewari, wherefrom he was referred to H-way Hospital, Rewari and then to Medicity Hospital, Gurgaon, where he died on 22/7/2013. The petitioners claimed compensation from the respondents on the principle of strict liability for untimely and unnatural death of Satish Kumar. As no response was received, an application under Sec. 22-C of the Legal Services Authority Act, 1987 was instituted by the petitioners before the Permanent Lok Adalat (Public Utility Services), Rewari.

(3.) Upon notice, the respondents entered appearance and took various objections including that the deceased was not the consumer of the Nigam and that there is no house/plot of the deceased at the spot. Further, as the incident in question took place near the hospital of Dr. Ashok, thus, there is no liability of the respondent-Distribution Licensee and Dr. Ashok should be held responsible. It is averred that the alleged supply line was commissioned during the later 1970s and the height of the said line was in accordance with the then applicable rules and instructions of the Department. The construction in question had been raised by Dr. Ashok Kumar beneath the 11 KV feeder line in violation of law. The height of the tin-shed was also raised by about 5 feet resulting in the reduction of gap between the tin-shed and the HT line. Since the deceased was exposed to the aforesaid danger on account of an illegal act of Dr. Ashok Kumar, he alone is responsible for the incident and any liability on account thereof. It was also stated that the deceased was engaged by Dr. Ashok Kumar in removing/replacing the roof stores and has thus contributed by his own negligence in the occurrence of incident.