SUDHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Instant writ petition has been filed seeking a Mandamus directing the respondent-Punjab State Power Corporation Ltd. to pay compensation to the tune of Rs.30 lakh on account of death of Ashok Kumar on 27.7.2016.

(2.) It has been averred in the petition that on 26.7.2016 at about 6 P.M Ashok Kumar (since deceased) was going on his motorcycle bearing registration no. PB-03-N-9100 and proceeding towards Dana Mandi, Bathinda and when he reached near the wall of St. Joseph School, all of a sudden an electric pole erected by the side of the road fell upon him and as a result of which he received multiple injuries. Ashok Kumar was removed to the hospital being run by Dr. Jagmal but succumbed to the injuries suffered at 4 A.M on the following day i.e. 27.7.2016. DDR No.20 dated 27.7.2016 was registered on the statement of Nirmal Gupta i.e. sister of the deceased. Copy of the DDR stands annexed as Annexure P-5. A Post Mortem Examination of the dead body of Ashok Kumar was also got conducted and the report has been appended as Annexure P-3 along with the writ petition. It has further been pleaded that various attempts were made to impress upon the respondent Corporation to compensate the family members but having not evoked any response the writ petition has been filed.

(3.) In the reply it has been stated that the death of Ashok Kumar that took place on 27.7.2016 was on account of a natural calamity as there was a windstorm and a tree had fallen on the electric wires and which in turn led to the electric pole also coming down. It has been stated that there was no negligence on the part of the respondent Corporation and the occurrence was a simple accident and for which there is no provision for grant of compensation.