ROOP SINGH Vs. H.P.S.E.B.

JUDGEMENT

(1.) In this writ petition, the petitioners who are the father and brother of one Kumari Kamla Devi, who died as a result of electrocution on 17 -7 -1990, have prayed for the issue of a writ directing the respondents to award compensation in a sum of one lac or any other amount, together with interest at 12% p. a.

(2.) There is no dispute now that Ku. Kamla Devi, a girl of about 12 years at the time of her death, lost her life as a result of electrocution. According to the case of the petitioners, the death had resulted on account of negligence of the respondents in the maintenance and up -keep of the electric supply lines to the residence of the first petitioner and that the petitioners are, therefore, entitled to claim compensation on the footing that the death of Ku. Kamla Devi took place on account of the negligence of the respondents.

(3.) In the reply filed by the respondents, they had stated that the deceased had gone to the roof top of the house and had tried to swing, catching hold of the wire and on account of her weight and swing, the service line got broken and that resulted in the electrocution of the deceased, and that the deceased was negligent and that had brought about the death.