SEEMA DHIMAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the present petition is for directing the respondents to pay compensation amounting to Rs.50.00 lakhs to the petitioner on account of the death of Devinder Dhiman, husband of the petitioner and son of proforma respondent, who allegedly died on account of negligence of the respondents.

(2.) Learned counsel for the petitioner contends that at about 10.00 A.M. on 20/3/2019 Devinder Dhiman (since deceased), husband of the petitioner and son of proforma respondent, lost his life due to the entangling with loose electricity wire that was lying broken on the road from the main line passing over the road. Devinder Dhiman while was on his way from Yamuna Nagar, driving a Pulsar motorcycle bearing registration No.HR-04- H-2192, he met with an accident on account of the loose overhead transmission lines. The death was thus directly attributable to the improper supervision/inspections by respondent No.2-Distribution Licensee and their being negligent in proper care and maintenance of the electricity wires which were lying broken and unattended on the road making it dangerous for the life of the people who were plying their vehicles on the road. FIR No. 0095 dtd. 21/3/2019 had been registered at Police Station Chhapar, District Yamuna Nagar, Haryana by Tarsem Singh son of Mehar Chand (brother of the deceased) and statement of petitioner-widow of the deceased was also recorded. The deceased was taken to the Indus Hospital Mohali where he was declared brought dead and his postmortem was conducted. As per the postmortem report, the cause of death was head injury.

(3.) Learned counsel for the petitioner contends that the petitioner has approached this Court since the incident in question took place as a direct outcome of the failure/negligence on the part of the respondents and that she is entitled for compensation on account of lapses committed by the respondents. It is contended that the deceased was working with LEEL Electricals Ltd. and was drawing a monthly salary of Rs.26,067.00 and he was 32 years of age at the time of incident. He was the sole bread earner of family and that the family is in great pecuniary hardship on account of the death of Devinder Dhiman.