USHA DEVI AND OTHERS Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) Petitioner no.1 is the wife and petitioners no.2 to 4 are the children of deceased Singh Raj, who was an agriculturist and sole bread winner of the entire family. In the month of June 2013, due to sparking, an electric wire broke down from the electric pole installed in the fields of Singh Raj. He made an oral complaint to respondent no.5 in this regard, upon which employees of the office of respondnetno.5 allegedly detached the wire from the electric pole and left the same at the spot. On 19.06.2013, Singh Raj went to his fields and did not return till 8 pm. On search, he was found unconscious near the broken electric wire in the fields of his younger brother Pawan Singh and it was noticed that the electric wire, lying in the field was touching another line/wire, therefore, it had the current flowing in For Subsequent orders see LPA-1485-2018 it. Singh Raj was immediately taken to the Civil Hospital, Yamuna Nagar but the doctors declared him brought dead. On 20.06.2013, DDR No.8 was got recorded in this regard in the Police Station Sadar, Yamuna Nagar by Pawan Kumar S/o Dafe Singh. In the post-mortem report, the cause of death was also reported due to electric shock and its complications.

(2.) Petitioner no.1 made a representation on 30.07.2013 to respondent no.5 for grant of compensation, which was not decided, therefore, the present petition has been filed.

(3.) In the reply, it is averred that the accident had occurred due to sole negligence of the deceased who had tried to collect the GSL (earth wire) himself with an intention to sell it and during this process, GSL wire might have touched the live 11 KV line which caused the electrocution. It is also averred that there was no breakage of main 11 KV electric line and the said 11 KV line was intact at the time of accident. It is further averred that the deceased had not informed the respondents regarding the broken GSL wire and himself was collecting the same for the purpose of selling it and in this process, the GSL wire might have come into contact with the 11 KV line resulting into his electrocution.