High Court allowed a writ petition seeking damages for a child's death due to electrocution. The court held respondents negligent for failing to remove an illegal house constructed near high-voltage wires and directed the State to pay Rs. 9 lakhs.
Direction to Respondent No.2 to pay compensation of Rs. 9,00,000 with 9% interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.W.P. No.10114 of 2012 [ 1 ]
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
C.W.P. No.10114 of 2012 Date of Decision:March 26, 2014
Karamjit Kaur ........................................ Petitioner
Versus
State of Punjab and others ................. Respondents
Coram: Hon'ble Ms. Justice Ritu Bahri
Present: Ms. Kiran Bala Jain, Advocate for the petitioner/s.
Mr. Jagmohan Bansal, Addl. A.G. Punjab.
Mr. B.S.Taunque, Advocate for respondent No.2.
RITU BAHRI, J. (Oral)
The petitioner is seeking a writ of Mandamus directing the respondents to pay damages on account of the death of Ravi Kumar, son of the petitioner, on 17.4.2012 on account of electrocution.
The petitioner's case is that Ravi Kumar while playing cricket near the house of Tarsem Kumar had gone to the roof of the house of Tarsem Kumar to pick up his ball. Kaur RupinderThere, the electric wires of 11000 KV were crossing at a 2014.04.12 11:14 I attest to the accuracy and integrity of this document Chandigarh
C.W.P. No.10114 of 2012 [ 2 ]
distance of only 3ft. The head of Ravi Kumar touched the wires on account of which he was electrocuted. On the statement of Balram, DDR No. 15 dated 18.4.2012 was written in the Police Station Dera Bassi (Annexure P1). The deceased Ravi Kumar was 13 years of age and was a student of 8th standard in Government School, Bhagsi. As per the post-mortem report (Annexure P2) the death was caused due to shock and due to passage of electric current through the body.
The claim of the petitioner is being resisted by the respondents by filing the written statements. The plea taken is that the petitioner had not informed the respondents with regard to the alleged incident involving death of her son. Necessary investigation/inquiry could not be conducted as per Section 161 of the Electricity Act 2003. There if no negligence on the part of respondent No.2. On the other hand, it was respondent No.3-Tarsem Kumar who had violated the provisions of Electricity Rules. An application had been made by respondent No.3 for obtaining electricity connection for his premises. After visiting the premises the Junior Engineer reported that HT Transmission Lines were crossing near the house hence the electricity connection was declined as per letter dated 14.10.2011 (Annexure R1). The respondent No.3 was informed that he had violated the provisions of Indian Electricity Act by making illegal
Kaur Rupinder 2014.04.12 11:14 I attest to the accuracy and integrity of this document Chandigarh
[ 3 ]
C.W.P. No.10114 of 2012
construction of his house below 11000 KV Transmission Lines. He was directed to remove the illegal construction within 7 days of the receipt of the notice. The letter was also sent to the SDM Dera Bassi, SHO of Police Station and Senior Executive Engineer PSEB for their information.
In the written statement dated 18.12.2012 filed by the Superintendent of Police, Derabassi on behalf of respondents No. 4 and 5 it is admitted that DDR No. 15 dated 18.4.2012 was registered at Police Station Derabassi recording that Ravi Kumar son of Birbal Nath aged 13 years has died due to electrocution on the roof of Tarsem Kumar. Proceedings under Section 174 Cr.P.C. were initiated and no cognizable offence was made out in the incident. It was stated in the statement given by Balram S/o Late Prem Chand, paternal uncle of the deceased, that the death was accidental and no one was responsible for the death of Ravi Kumar. Vide Annexure R1, respondent No.2 had informed respondent No.3 that he had illegally constructed his house below 11000 KV Transmission Lines in violation of Section 56 of the Indian Electricity Act 1910. He was directed to remove his illegal construction within 7 days. If he does not do so, he would be personally liable for any mishap and was liable to be punished. This letter was written on 14.10.2011. The incident wherein Ravi Kumar expired took place on 17.4.2012.
Kaur Rupinder 2014.04.12 11:14 I attest to the accuracy and integrity of this document Chandigarh
C.W.P. No.10114 of 2012
[ 4 ]
The questions for consideration in this petition are (i) Whether the action of the respondents in not getting the illegal construction removed for six months would amount to negligence? And, (ii) Whether they can be penalized for the incident which took the life of Ravi Kumar?
In the facts of the present case, the information with regard to the letter (Annexure R1) was sent simultaneously on 14.10.2011 to the SDM, SHO and the Xen/Operation Division, Lalru. None of the authorities initiated proceedings against respondent No.3 to demolish the building which was constructed in violation of Section 56 of the Indian Electricity Act, 1910. In the written statement filed by the Superintendent of Police, Derabassi, no steps have been taken by respondents No. 4 and 5 pursuant to the letter (Annexure R1). It merely states that the death was on account of accident and thereafter the police was informed of the post-mortem. The careless attitude of the respondents i.e. respondent No.2 as well as respondents Nos. 4 and 5 has resulted into the death of Ravi Kumar son of the petitioner. Ravi Kumar touched the 11000 KV wires which were just 3 ft above the floor of the house of respondent No.3-Tarsem Kumar. When this fact came to the notice of the respondents it was their duty to get the illegal construction modified, to be brought down or shift the 11000 KV Transmission Line in accordance with law or make alternate arrangements.
Kaur Rupinder 2014.04.12 11:14 I attest to the accuracy and integrity of this document Chandigarh
C.W.P. No.10114 of 2012 [ 5 ]
Merely by rejecting the application for releasing the electricity connection will not shift the responsibility of respondent No.2 to respondent No.3. Respondent No.2 was to instal the electricity wires in accordance with the Act. If a violation comes to the notice of the Department of such a nature it is their responsibility to see that no one has to face the consequences of such violation.
The age of the deceased Ravi Kumar was 13 years and he was a student of 8th class. Reference at this stage can be made to a judgment of this Court in Smt. Sukkar and another v. State of Haryana and others (C.W.P. No. 11838 of 2011 decided on 4.7.2012) wherein in similar circumstances in the case of death of a child of 8 years by electrocution, compensation of `6.40 lacs has been given.
Since the age of petitioner's son in this case was 13 years, the writ petition is being allowed by giving a direction to respondent No.2 to pay compensation of `9,00,000.00 along with interest at the rate of 9% from the date of filing of this petition till the date of payment within a period of four weeks from the date of receipt of a certified copy of this order to the petitioner. Compliance report be sent to this Court.
26.3.2014 rupi
Kaur Rupinder 2014.04.12 11:14 I attest to the accuracy and integrity of this document Chandigarh
3 issues framed by the court
Whether failure to remove illegal construction near high-voltage wires for six months amounts to negligence?
Whether respondents can be penalized for the death of a minor caused by electrocution?
What compensation and interest should be awarded to the petitioner for the loss of her son?
Colour shows how this judgement treated each authority
Smt. Sukkar and another v. State of HaryanaRelied on¶32
Smt. Sukkar and another v. State of Haryana and others (C.W.P. No. 11838 of 2011 decided on 4.7.2012)
3 provisions across 3 enactments
Karamjit Kaur
State of Punjab
Respondent No.2
Tarsem Kumar
Superintendent of Police, Derabassi
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
