KANWALJIT KAUR Vs. HARYANA VIDYUT PRASARAN NIGAM LTD

JUDGEMENT

(1.) THE petitioners are seeking issuance of direction to the respondents to compensate them for the death of their son Akashdeep, aged about 7 years, due to negligence of respondents. On 23.05.1999, when son of the petitioners was going to play, an electric wire fell on him, as a result thereof, he died on the spot. He was taken to the hospital, where he was declared dead. An investigation was carried out by the Chief Electrical Inspector, who gave his report as under: -

(2.) AS per the opinion of the Chief Electrical Inspector, Rule 29 of the Indian Electricity Rules, 1956, has been violated and Haryana Vidyut Prasaran Nigam Ltd. (HVPNL) was responsible for the accident.

(3.) THE petitioners gave legal notice dated 07.08.1999 (Annexure P -1) to the respondents, which was received by them. The respondents gave reply (Annexure P -2) to the legal notice of the petitioners, wherein the claim of compensation was denied on the ground that on 23.05.1999, it was cloudy and stormy day and rains were followed by cyclone, which must have resulted in breaking of electric wire. It was an act of God and nature and the respondents were not responsible for the alleged accident.