PURSHOTAM PARKASH Vs. DAKSHIN HARYANA BIJLI VITRAN NIGAM

JUDGEMENT

(1.) Durga Devi (deceased) wife of the petitioner was an educated woman and was stated to be a teacher. She was M.A.B. Ed. qualified and was aged 45 years at the time of death by electrocution. She was residing with the family in a house situated in Gali No. 3, Satish Colony, Fatehabad. She died of electric shock on 27.05.2014 on contact with high voltage transmission lines maintained by the Nigam.

(2.) The accident happened like this: she went to the 1st floor of her house for some domestic work and came into contact with 11000 KV high tension electrical wires passing above and through the colony and sagging rather low. DDR No. 48 dated 27.05.2014 was registered in Police Station, Fatehabad. The police prepared a report under Section 174 Cr.P.C., 1973.

(3.) It is the case of the petitioners and not seriously disputed by the respondent-Nigam that the electric line was loose and was hanging dangerously close to human habitation. The petitioner and the inhabitants of the nearby area had requested the respondent/Nigam many a times to maintain the electric line in a proper and harm free manner so that no untoward accident may happen. The Nigam did not pay heed to the request. Even a month before the fateful day, the petitioner moved an application to respondent No. 2 for taking action regarding the maintenance of the electric line but no action was taken. Admittedly, cause of death is electrocution. Medical evidence supports this. It may be that the electric line was erected many years ago but constructions have come up on the ground beneath habitation in a large scale over a period of time. The petitioners built their house in the year 2008.