PARTAPA Vs. UHBVNL AND OTHERS

JUDGEMENT

(1.) Through instant petition under Articles 226/227 of the Constitution of India, the petitioner has challenged the legality of the order annexure P-3 dated March 15, 2013 passed by Permanent Lok Adalat for Public Utility Services by virtue of which the claim of the petitioner for a sum of Rs. 58000/- on account of death of buffalo was dismissed.

(2.) Petitioner claims that it is the legal obligation on the part of the Uttar Haryana Bijli Vitran Nigam Limited (UHBVNL)- respondents No.1 and 2 to protect the life of the living organism from high tension and low tension electricity lines on account of the fact that the electricity consumption bills are collected from the consumers. On September 8, 2012, while the petitioner was going to his fields to graze his cattle, when one of the buffalos of the petitioner while passing near the transformer, came in contact with a loose wire as a result of which it fell down and died on account of electrocution. Matter was reported to the local police. The authorities of the respondents Corporation visited the spot and after disconnecting the electricity supply, the dead buffalo was separated from the live wire. The postmortem examination of the dead body of buffalo was conducted. The petitioner filed a claim before the Permanent Lok Adalat for Public Utility Services for grant of compensation. After making an attempt for reconciliation, the matter was taken up on merits but petition under Section 22 C of the Legal Services Authority Act, 1987 was dismissed.

(3.) The photographs showing the entangled horns of the buffalo in the live wire; the DDR, report of the police investigation, and the postmortem report were produced but the Permanent Lok Adalat for Public Utility Services dismissed the application of the petitioner forming an opinion that there was no evidence indicating that the buffalo died on account of any of the negligence on the part of respondents as it was not proved that any complaint was lodged by any one with the respondent Corporation regarding defect/current in the electric system.