RAJ KAPOOR Vs. DAKSHIN HARYANA BIJLI VITRAN NIGAM

JUDGEMENT

(1.) The sole question that arises for consideration in the abovementioned bunch of 15 cases, which are being decided by a common order, is :

(2.) Facts, in brief, of the lead case i.e. CWP-20463-2016, deserve to be noticed. During the night intervening 15/16/6/2014, Naveen, petitioner's son was electrocuted when he came in contact with an iron pipe, that was touching a live electric wire. Naveen died and an FIR bearing No.87 dtd. 16/6/2014, was lodged under Sec. 304-A IPC at Police Station Sadar, Rewari. The electric supply was being delivered by Dakshin Haryana Bijli Vitran Nigam Ltd., a power distribution company (hereinafter referred to "DISCOM"). Petitioner, who is the father of the deceased, (hereinafter referred to as "claimant"), filed a petition, Annexure P-2, under Sec. 22-C of the Legal Services Authorities Act, 1987 (for short, "the Act of 1987") seeking compensation of Rs.10.00 lacs, which has been partly accepted by impugned award dtd. 9/7/2016, Annexure P-1, holding that DISCOM is liable to pay Rs.2,50,000.00, besides interest, as compensation. Claimant has approached this Court for enhancement of compensation.

(3.) By making a reference to FIR as well as postmortem report, counsel for claimant has asserted that Naveen died due to electrocution as DISCOM was negligent in maintenance of the electricity wires. Counsel states that deceased was a young man of 20 years and running a shop. He had his entire life ahead of him and was the primary breadwinner of the family. He asserts that PLA has erred in awarding a meagre amount of compensation, which deserves to be enhanced. He has pointed out that DISCOM had filed a writ petition (CWP-22640-2016) challenging the award, Annexure P-1, which was dismissed by this Court on 3/11/2016. Besides claiming enhancement, counsel for the claimant has placed reliance upon judicial precedents to assert that claim is maintainable before the PLA. He is supported by the counsel representing the claimants in the connected petitions. The judgments relied upon by them are: