DOLMA Vs. H.P.STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Petitioner No. 1 is widow and petitioners No 2 to j and proforma respondent No. 5 are daughters and sons of Puran Chand (hereinafter called the claimants). They have filed the present petition under Articles 226 and 227 of the Constitution to agitate their claim for compensation of an amount of Rs 6,50,000 from respondents No. 1 and 2 for the death of Puran Chand by electrocution Initially, the claimants had also raised another grievance that they were not paid pensionary and other benefits due to them by the Slate of Himachal Pradesh and Superintending Engineer, 6th Circle, H. P P. W D, Kullu, who were also impleaded as respondents No 3 and 4, but by order dated 21 -11 -1995, respondents No, 3 and 4 were deleted from the array of respondents in view of their reply -affidavit that they had paid an amount of Rs. 1,20,664 towards the legitimate claim of the claimants and had also sanctioned pension of Rs. 1,620 per month w, e. f. 7 -5 -1994

(2.) Admittedly, Puran Chand was working as work -charged driver in the Office of Assistant Engineer, Sub -Division No II, H P. P. W. D., Kat -rain, District Kullu. On 5 -5 -1994 he was asked by the Assistant Engineer to bring diesel from the H P, P. W D. Petrol Pump, Mechanical Workshop, Shamshi through Canter No, HIE 1860 After collecting the diesel Puran Chand drove back to the Office of the Sub -Division, Katrain and reported his arrival to the Sub -Divisional Officer on 6 -5 -1994 at 8.30 a. m., who further directed him to unload the diesel at the Store of the Sub -Division near Nagar Bridge, Patli Kuhal. In order to comply with the said directions Puran Chand parked the Canter in the campus of the Store for unloading the diesel and thereafter went to nearby fields to ease himself, where later he was found dead as a result of electrocution by coming in contract with electric 11 KV feeder, which was lying on the ground and around a tree after having been snapped from the pole. The claimants have placed on record photographs marked A to D to show snapped electric wire lying on the ground and also the dead body of Puran Chand with injury on his left foot According to the claimants, left foot of Puran Chand fell on the live electric wire lying unattended on the spot due to negligence of respondents 1 and 2, as a result of which he got electrocuted, This fact has further been substantiated by post -mortem report (Annexure P -6) in which the Doctor has opined that The suspect has died of electrocution leading to sudden death".

(5.) It is further explained by respondents I and 2 in their reply that, "In order to avoid accidental fall of the higher conductor (electric wire) on the lower conductor H P. State Electricity Board provide for putting G. L wires (known as guarding wire) below the electric wires running at the higher level with the help of guarding clamp. There were 2 guarding wires at the 2 extreme of the cross arm of the aforesaid Patlikuhl Kararsu fidder. The aforesaid guarding wires, in turn, are joined together by lacing wires. The aforesaid guarding wires and lacing cross wires do not carry any current and the same provide a resting platform for the wire running of higher level in case of accidental fall. In case of fail of live wire on the guarding wire there is immediate tripping resulting in switching off the electric current in the line which fall on the guarding line".