Kumari Rani & Anr. v. Uttar Haryana Bijli Vitran

HON'BLE MR. JUSTICE JAGMOHAN BANSAL CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL HON'BLE MR. JUSTICE JAGMOHAN BANSAL Mr. Rajesh Goyal, Advocate, for the petitioners. Present: Mr. Rajesh Goyal, Advocate, for the petitioners. Mr. Rajesh Goyal, Advocate, for the petitioners. JAGMOHAN BANSAL, J. (Oral) JAGMOHAN BANSAL, J.

1. The petitioners through instant petition under Articles 226/227 of The petitioners through instant petition under Articles 226/227 of The petitioners through instant petition under Articles 226/227 of The petitioners through instant petition under Articles 226/227 of Constitution of India are seeking direction to respondents to pay them the Constitution of India are seeking direction to respondents to pay them Constitution of India are seeking direction to respondents to pay them Constitution of India are seeking direction to respondents to pay them compensation on account of death of their family member by electrocution. compensation on account of death of their family member by electrocution. compensation on account of death of their family member by electrocution.

2. Petitioner No.1 is mother and petitioner No.2 is wife of the Petitioner No.1 is mother and petitioner No.2 is wife of the Petitioner No.1 is mother and petitioner No.2 is wife of the Petitioner No.1 is mother and petitioner No.2 is wife of the th high voltage current wire deceased, who on 04.02.2026 came in contact with high voltage current wire deceased, who on 04.02.2026 came in contact wi deceased, who on 04.02.2026 came in contact wi and died on the spot. A GD entry dated 05.02.2026 in this regard was made in and died on the spot. A GD entry dated 05.02.2026 in this regard was made in and died on the spot. A GD entry dated 05.02.2026 in this regard was made in and died on the spot. A GD entry dated 05.02.2026 in this regard was made in mortem the Police Station. As per record of Civil Hospital as well as post-mortem the Police Station. As per record of Civil Hospital as well as post the Police Station. As per record of Civil Hospital as well as post s report, he died on account of multiple electrocution wounds. He was 32 years report, he died on account of multiple electrocution wounds. He was 32 year report, he died on account of multiple electrocution wounds. He was 32 year old. The petitioners are claiming compensation. As per notification dated old. The petitioners are claiming compensation. As per notification dated old. The petitioners are claiming compensation. As per notification dated old. The petitioners are claiming compensation. As per notification dated

08.07.2019, there is strict liability of Uttar Haryana Bijli Vitran Nigam Limited 08.07.2019, there is strict liability of Uttar Haryana Bijli Vitran Nigam Limited 08.07.2019, there is strict liability of Uttar Haryana Bijli Vitran Nigam Limited 08.07.2019, there is strict liability of Uttar Haryana Bijli Vitran Nigam Limited (for short ‘Nigam’) in case of fatal accident. Paragraph No.11 of the (for short ‘Nigam’) in case of fatal accident. Paragraph No.11 of the (for short ‘Nigam’) in case of fatal accident. Paragraph No.11 of the (for short ‘Nigam’) in case of fatal accident. Paragraph No.11 of the strict liability of the Nigam, reads as: notification, which creates strict liability of the Nigam, reads as: notification, which creates Fatal Accidents UHBVN “11. Private Person for Fatal Accident & Non-Fatal Accidents UHBVN “11. Private Person for Fatal Accident & Non “11. Private Person for Fatal Accident & Non is engaged in the hazardous activity and risky for the human life and is engaged in the hazardous activity and risky for the human life and is engaged in the hazardous activity and risky for the human life and is engaged in the hazardous activity and risky for the human life and thus UHBVN owns strict liability for compensation to the private thus UHBVN owns strict liability for compensation to the private thus UHBVN owns strict liability for compensation to the private thus UHBVN owns strict liability for compensation to the private dingly, the compensation to the private person shall be person. Accordingly, the compensation to the private person shall be dingly, the compensation to the private person shall be person. Accor fatal accident irrespective of the payable in case of fatal as well as non-fatal accident irrespective of the payable in case of fatal as well as non payable in case of fatal as well as non CWP-11621-2026 2026 -2- reasons for such accident as the electricity system is open to the public. reasons for such accident as the electricity system is open to the public. reasons for such accident as the electricity system is open to the public. reasons for such accident as the electricity system is open to the public. ovision of the The compensation amount shall be payable as per provision of the The compensation amount shall be payable as per pr The compensation amount shall be payable as per pr Employees Compensation Act, 1923. However, this compensation shall Employees Compensation Act, 1923. However, this compensation shall Employees Compensation Act, 1923. However, this compensation shall Employees Compensation Act, 1923. However, this compensation shall be applicable for the accident cases occurring with the electrical be applicable for the accident cases occurring with the electrical be applicable for the accident cases occurring with the electrical be applicable for the accident cases occurring with the electrical network of the UHBVN and not in private premises.” network of the UHBVN and not in private premises.” network of the UHBVN and not in private premises.”

3. the Court that Learned counsel for the respondent - Nigam assures the Court that Learned counsel for the respondent Learned counsel for the respondent the competent authority would consider petitioners’ claim and pass an the competent authority would consider petitioners’ claim and pass an the competent authority would consider petitioners’ claim and pass an the competent authority would consider petitioners’ claim and pass an appropriate order as per notification dated 08.07.2019. appropriate order as per notification dated 08.07.2019. appropriate order as per notification dated 08.07.2019.

4. Learned counsel for the petitioners agrees to the aforesaid Learned counsel for the petitioners agrees to the aforesaid Learned counsel for the petitioners agrees to the aforesaid Learned counsel for the petitioners agrees to the aforesaid arrangement.

5. sides, the petition stands In the wake of statements of both sides, the petition stands In the wake of statements of both In the wake of statements of both disposed of.

6. The respondents are hereby directed to consider petitioners’ claim The respondents are hereby directed to consider petitioners’ claim The respondents are hereby directed to consider petitioners’ claim The respondents are hereby directed to consider petitioners’ claim and pass an appropriate order within six weeks and pass an appropriate order within from today.

20.04.2026 Vimal (JAGMOHAN BANSAL JAGMOHAN BANSAL) JUDGE Whether speaking/reasoned: Yes/No Yes/No Yes/No Yes/No Whether reportable: