JOGINDRO Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of two civil writ petitions bearing Nos. 13135 of 2007 and 14912 of 2007 as common question of facts and law is involved in the same. Both these petitions have been filed under Articles 226 of 227 of the Constitution of India by the widow of deceased Jasbir Singh and the parents of deceased Ramesh Kumar, respectively, directing the respondents to pay compensation to them on account of the death of their husband/son, who is alleged to have died because of the negligence of the Electricity Department.

(2.) IN CWP No. 13135 of 2007, it has been alleged that the husband of the petitioner, namely, Shri Jasbir Singh was an agricultural labourer. On 23.10.2004 he was working in the fields of one Kapil Dev son of Bicha Ram, resident of village Salempur and was cutting the trees standing in his fields. It has been further alleged that on the said date the field owner Kapil Dev requested the Sub Divisional Officer, U.H.B.V.N. Limited, Ladwa (respondent No. 3 herein) to switch off the electricity current in the wires which was going over his fields so that they could cut the trees standing on his fields. Accordingly, the electricity current was switched off and thereafter deceased Jaspal Singh along with other labourers started cutting the trees standing in the field. It has been also alleged that suddenly a fire took place in the adjoining field due to the fall of the electricity wire. The deceased Jaspal Singh along with other labourers rushed to the said sugarcane field and he unknowingly touched the said electric wires. He died immediately on the spot.

(3.) IN the written statement filed on behalf of respondents No. 1 to 3, the respondents have taken the same stand on which the claim of compensation was rejected.