Partly allowed

Shyam Deo Rai v. State of U.P. and Others

Allahabad HC14 Dec 2018WRIC/17484/2007

Case brief

AI extract

What is this about?

The Hon'ble Court condoned a delay in filing a substitution application allowing Rajeshwar Rai as a legal heir. The main writ petition seeking Rs. 5 lacs compensation for deceased family members was dismissed as not maintainable, holding that quantum determination belongs to the civil court.

What did the court decide?

Delay condoned and substituted application allowed. Main writ petition for compensation dismissed as not maintainable.

Shyam Deo Rai Vs State of U.P. and Others — Civil Procedure and Limitation | Allahabad HC (2018)

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Court No. - 39

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Case :- WRIT - C No. - 17484 of 2007

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Petitioner :- Shyam Deo Rai Respondent :- State Of U.P. & Others Counsel for Petitioner :- Hari Shanker Mishra Counsel for Respondent :- C.S.C.,Rajendra Kumar Mishra,W.H. Khan

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Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.

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Civil Misc. Delay Condonation Application No.1 of 2018 dated 12.12.2018, along with Civil Misc. Substitution Application No. 2 of 2018 dated 12.12.2018 supported by affidavit are taken up.

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Heard Shri Yogesh Mishra, learned counsel for the petitioner/applicant and learned standing counsel for the State - respondents.

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In respect of delay in filing the substitution application, learned counsel for the petitioner submits that the sole petitioner died on 12.10.2009 and the previous counsel, Shri H.S. Mishra, has also expired on 16.01.2013. Therefore, the substitution application could not be filed in time.

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In this view of the matter, delay is condoned and the delay condonation application is allowed.

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The substituion application has been filed with the prayer that the applicant, Rajeshwar Rai, be substituted in place of the sole petitioner, Shyam Deo Rai, who has died on 12.10.2009 leaving behind him the applicant as legal heir.

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Learned standing counsel has no objection if the substitution application is allowed.

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Accordingly, the substitution application is allowed. Let the necessary substitution be carried within one week.

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Case :- WRIT - C No. - 17484 of 2007

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The petitioner, in this writ petition, is seeking a direction to the respondents to pay Rs. 5 lacs as compensation for each of the deceased persons.

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The case of the petitioner is that late Sarveshwar Rai son of the

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petitioner and late Sarita Rai & late Madhuri Rai daughters of the petitioner are stated to have died as a result of accident caused by electrocution at their home. It is stated that the cable, which provided electricity connection to the house of the petitioner, was broken and had fallen on the ground, which resulted in electrocution of the family members of the petitioner.

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In our opinion, compensation cannot be granted in writ jurisdiction, as the quantum will have to be determined in its proper perspective on various parameters and this can only be done by a civil court. The petitioner has relied upon the judgment of the Supreme Court in Madhya Pradesh Electricity Board Vs. Shail Kumar, 2002 (2) SCC 162 . That was a case which had reached the Supreme Court from the judgment of the trial court and the appeal of the Madhya Pradesh Electricity Board had been dismissed by the Supreme Court.

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The facts of that case, therefore, reinforce our view that the relief claimed by the petitioner can only be granted to him in civil proceedings by the appropriate civil court.

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The writ petition is, therefore, dismissed as not maintainable.

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Order Date :- 14.12.2018 Amit Mishra

Shyam Deo Rai v. State of U.P. and Others

Case brief

What is this about?

What did the court decide?

Shyam Deo Rai v. State of U.P. and Others

Case brief

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