Disposed

Nirmala Devi v. Secy.Power and Chairperson Hvpnb etc.

Punjab & Haryana HC11 Sept 2012CWP/9119/2000

Case brief

AI extract

What is this about?

Petitioner sought compensation for the accidental death of her army son. The High Court noted that liability hinged on whether the death resulted from negligence by authorities or the deceased's mishandling. Consequently, the writ petition was disposed of by directing the parties to appear before the Permanent Lok Adalat at Hisar to lead evidence and determine liability, with a directive for the A

What did the court decide?

Direction that records be sent to Permanent Lok Adalat (Public Utility Service) at Hisar for evidence and determination, with a decision required within four months.

Nirmala Devi Vs Secy.Power and Chairperson… — Service and Employment | Punjab & Haryana HC (2012)

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CWP No.9119 of 2000 (O&M) Date of Decision: 11.09.2012

Nirmala Devi

. . . . Petitioner

Vs.

Secretary, Power & Chairperson, HVPN & Ors. . . . . Respondents

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1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not?

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3. Whether the judgment should be reported in the Digest?

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Present: Mr. SKS Bedi, Advocate for the petitioner

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Mr. Girish Agnihotri, Senior Advocate with Ms. Binayjeet Sheoran, Advocate for the respondents

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(1). The petitioner is the mother of deceased Sepoy Joginder Singh who was serving in 6 Grenadiers Infantry Battalion of the Indian Army. The son of the petitioner, who was born on 05.04.1978, had hardly served the Indian Army for a period of over two years when he accidentally died due to electrocution on 30.09.1999 near village Nidani, District Jind.

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(2). The petitioner while claiming compensation of Rs.8.5 lacs, alleges that the death of her son was caused due to sheer negligence exhibited by the respondent-Authorities who had left the electric wires lying on the fields un-attended and could not be seen by the deceased due to grass and other wild growth. The respondents have disputed the afore-stated version and have come up with a categoric plea that in order to open the electricity supply to his village, the deceased fiddled

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with GO (Gange Operative) Switch between Nidhani and Pindara feeder of 11KV line and since GO switch could only be handled by an expert, the deceased having no technical knowledge apparently got electric shock which passed through his body through the little toes of both feet, causing his instant death.

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(3). There can indeed be no quarrel that if the son of petitioner, while he was on leave for a week from the Indian Army, died due to accidental electric shock caused by the naked electric wires left negligently in the open field, the petitioner would be entitled to be suitably compensated. However, if the plea taken by the respondents that the deceased with a view to open electricity supply to his village, mishandled the GO switch for which he did not possess the technical know-how, the consequences may be different.

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(4). Learned counsel for the petitioner though relies upon the post-mortem report and various affidavits given by the persons including those who were accompanying the deceased, he fairly agrees that the question whether the son of the petitioner died an accidental death due to negligence of the respondent-Authorities can be effectively answered in the summary proceedings before Permanent Lok Adalat (Public Utility Service).

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(5). Consequently, the writ petition is disposed of with a direction that let the records of this case be sent to the Permanent Lok Adalat (Public Utility Service) at Hisar where both the parties shall appear on 15.10.2012 and lead their respective evidence/proof in

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support of their contentions for which not more than three opportunities shall be granted.

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(6). Suffice it to observe that the Permanent Lok Adalat (Public Utility Service) finds that there was any element of negligence on the part of the Authorities which resulted into the unfortunate death of the petitioner’s son, the Permanent Lok Adalat (Public Utility Service) shall award suitable compensation keeping in view the parameters laid down in various binding decisions. The Permanent Lok Adalat (Public Utility Service) shall decide the matter as early as possible but

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not later than four months from the date of appearance of the parties.

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(7). Disposed of. Dasti .

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Nirmala Devi v. Secy.Power and Chairperson Hvpnb etc.

Case brief

What is this about?

What did the court decide?

Nirmala Devi v. Secy.Power and Chairperson Hvpnb etc.

Case brief

What is this about?

What did the court decide?

What the court decided

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