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1996 DIGILAW 136 (HP)

SAVITRO DEVI v. HPSEB

1996-08-11

KAMLESH SHARMA, LOKESHWAR SINGH PANTA

body1996
JUDGMENT Kamlesh Sharma, J.: This Writ Petition was registered on the representation received from one Smt. Savitro Devi, widow of Shri Ran Singh, resident of Village and Post Office Kot Palahdi, Tehsil Nurpur, Distt. Kangra. She has complained that after the death of her husband she has been living with her family in the house of her father namely Mangat Singh, son of Dhyan Singh, resident of Kot-Palahdi, Tehsil Nurpur, District Kangra. On the morning of 2.7.1994 her father Mangat Singh was taking his three buffaloes to the forest when he alongwith the buffaloes came in contact with live electric wires lying in the water of Harar Khud and got electrocuted. According to her, her father Mangat Singh and the buffaloes had died due to negligence of the respondents, the Himachal Pradesh State Electricity Board, as a result of which she has lost her only support and benefactor who was looking after her and her family. Therefore, she was claimed compensation for the death of her father Mangat Singh and also for the death of buffaloes which were source of livelihood for the family. 2. Alongwith her petition she has annexed a copy of Daily Diary Report No.4 dated 2.7.1994 lodged by Samu Ram, son of Saran Dass, Pradhan Gram Panchayat, Kot-Palahadi, entered at 9.15 A.M. on 2.7.1994. As per Daily Diary Report, Samu Ram had informed that at about 7.30 A.M. on 2.7.1994 one Gauri Singh, son of Nepal Singh, resident of village Palahadi, informed him that at about 3.30 A.M. Mangat Ram, son of Dhyan Singh, resident of village Palahdi, was going to jungle with his three buffaloes ahead of his when he noticed that the buffaloes got struck in the water of Harad Khud and on seeing this when Mangat Singh tried to pull them out he also got struck there. On Gauri Singhs reaching the Khud he found that electric wire had snapped from the electric pole and it was lying in the water of the Khud. On Gauri Singhs reaching the Khud he found that electric wire had snapped from the electric pole and it was lying in the water of the Khud. Realising that there was electric current in the water of the Khud Gauri Singh came back and informed about the incident to Samu Ram, Pradhan, who alongwith other respectable persons went to the spot and verified that electric wires crossing over the Khud had snapped from the pole situated at the distance of 30 metres from the spot and were lying in the water and Mangat Singh and his three buffaloes had come in contact with the electric current while crossing through the Khud and had died. Thereafter, Samu Ram. Pradhan had informed Rattan Chand, a Line Man of the respondent- Board, who dis-connected the electric wires. A Photograph is also annexed with the petition in which three buffaloes are shown lying dead in the Khud. 3. The respondent-Board has filed reply to the petition on the affidavit of Shri V.S. Malhotra, Superintending Engineer, Operation Circle, H.P.S.E.B., Dalhousie, in which the preliminary objection is raised that, "Neutral wire of L.T. Line was snapped on 1.7.1994 during night hours by an overloaded bus carrying dowry which passed underneath the said L.T. Line near Harad Bridge as evident from the report of Assistant Electrical Inspector, Electrical Inspectorate, Govt. of Himachal Pradesh, Regional Office, Dalhousie (R-I). Thereby the snapped wire fell in the water of Khud which subsequently resulted into electrocution of father of the petitioner and his three buffaloes, for which the father of the deceased was entirely responsible who despite knowing that his buffaloes are being electrocuted in the Khud due to snapped wire of L.T. Line deliberately entered the Khud. The accident took place due to an act of God; the petition, as such, is not maintainable and deserves rejection since to negligence of the respondent-Board is involved in the instant case." It is further stated that the petitioner has withheld the information that matter regarding the payment of compensation was already under process under the-Civil Authorities. The accident took place due to an act of God; the petition, as such, is not maintainable and deserves rejection since to negligence of the respondent-Board is involved in the instant case." It is further stated that the petitioner has withheld the information that matter regarding the payment of compensation was already under process under the-Civil Authorities. Annexure R-1 to the reply affidavit is the report of the Assistant Electrical Inspector, Zonal Office, Dalhousie, and Annexures R-3 and R-4 is the correspondence between the Executive Engineer and Sub Divisional Officer (Civil) Nurpur whereby the matter was referred to Sub Divisional Officer (Civil), Nurpur for deciding the claim of the petitioner under Workmen Compensation Act which was refused by the Commissioner, under the Workmen Compensation Act, Unit-II, H.P.S.E.B. Mandi, on the ground that his office gives compensation only to the workmen of the Electricity Board and not to others and the legal, representatives of Mangat Singh have to approach appropriate Court for the compensation. In the reply on merit, it is reiterated that the father of the petitioner Mangat Singh had died due to his own negligence, that he had deliberately entered into Khud even after noticing that his buffaloes had got electrocuted due to snapped wire of L.T. Line. 4. We have heard learned counsel for the parties and gone through the record. Normally, this Court while exercising its writ jurisdiction does not adjudicate such matters and assess the amount of compensation, but there arc exceptions when in order to help the poor and destitute legal representatives of the deceased, the High Courts have come to their rescue, more so, when from the material on record the negligence stands proved. The present case falls in such an exception, as it is not in dispute that Mangat Singh, father of the petitioner and three buffaloes belonging to him had died as a result of electrocution by snapped wire of L.T. Line which had fallen in the water of the Khud while he alongwith his buffaloes was crossing the Khud for going to jungle. In the report of Assistant Electrical Inspector, Zonal Office, Dalhousie (An-nexure RA-1) under the heading, Reason for Accident, it is mentioned, that one year before the accident due to construction of bridge over Harad Khud the level of road was increased and the distance between road and the electric wires from pole PO passing over the bridge had remained only 15 feet whereas it was required to be 19 feet as a result of which vehicles driven on the road used to strike against the wires and the neutral wire got broken at two places, one in between pole PO and PI in the middle of the Khud and another at a distance of 15 metres from pole PI which was connected with P2. The piece of wire broken from PO had fallen in the field and the other one in the Khud. It is further stated that due to heavy load of the wire towards the Khud the wire got stretched to pole PI and P2 and at the same time the end of broken wire came in contact with current wire of P-l and got energised. As the road was made of stone and concrete the broken wire was not got earthed and the fuse could not blow from the Sub Station. The earth wire was on the upper side of the low voltage line otherwise the broken wire would have been earth wire or the broken wire would have come in contact with earth wire and it would, have helped in blowing the fuse. It is further stated that no guarding wires were put on the wires Crossing the road. After accident four feet long channel has been fixed on pole No. PO in order to increase the height of the wires. The following precautions have also been suggested:- 1. Guarding wires are required to be fixed on the wires crossing over the fields and roads; 2. All the iron fittings fixed on the poles of the electric lines should be earthed; 3. The electric lines should be maintained systematically as per the Indian Electricity Rules; & 4. All the high, medium and low voltage lines should be provided with the earth wire in order to earth them as provided in the Indian Electricity Rules. 5. All the iron fittings fixed on the poles of the electric lines should be earthed; 3. The electric lines should be maintained systematically as per the Indian Electricity Rules; & 4. All the high, medium and low voltage lines should be provided with the earth wire in order to earth them as provided in the Indian Electricity Rules. 5. From the report of Assistant Electrical Inspector, Zonal Office, Dalhousie (Anncxure RA-1), it is clear that for one year after the construction of the bridge the respondent-Board did not bother to increase the height of the wire crossing over the bridge to avoid any accident so that the vehicles passing under them may not strike with them and break them resulting into the accident of the type with which we are dealing in this petition. From the report (Annexure RA-1) it is further clear that the electric wires crossing over the bridge as well as Harad Khud were not being maintained as per the Indian Electricity Rules as a result of which neutral wire got broken and fell into the fields and Khud and got energised and deceased Mangat Singh and his three buffaloes got electrocuted while they were crossing the Khud. In these facts and circumstances, it can not be held to be an act of God, as the respondent-Board has tried to convince this Court. Further deceased Mangat singh cannot be held responsible in following his buffaloes whom he was taking to jungle and also in touching them when they got struck in the water of the Khud to find out what was the reason, which was apparently his spontaneous reaction. It cannot be believed that he had deliberately entered the water and touched his buffaloes after noticing the snapped electric wire lying in the water of the Khud as the respondent-Board has tried to make out. It cannot be believed that he had deliberately entered the water and touched his buffaloes after noticing the snapped electric wire lying in the water of the Khud as the respondent-Board has tried to make out. Further, in view of Rule 29 of Indian Electricity Rules, under which the respondent-Board has a statutory duty to keep constant vigil and guard to maintain the supply lines and apparatus in perfect condition in order to avoid any accident like the present one, it cannot be absolved of it is responsibility of the death of Mangat Singh and three buffaloes belonging to him and we hold the respondent-Board liable to compensate the petitioner, daughter of Mangat Singh, who claims herself to be his legal heir and also dependent upon him being widowed daughter. 6. Now the question arises as to what amount of compensation should be just and reasonable. In the absence of any material about age and income of the deceased Mangat Singh we arc not able to calculate how much he was spending on the petitioner and her children. Similarly, there is no material on record to come to the conclusion what was the value of three buffaloes. Therefore, we are left to assess the compensation on the basis bf our own understanding and estimate that what could be the compensation for the death of three buffaloes as well as a man who was a father of a widowed daughter who had grown up son of the age that he could be employed with the respondent-Board for which she had made request, as stated in her petition. From the facts and circumstances on record, it appears that Mangat Singh was rearing three buffaloes to earn his livelihood, as such, his net income would not be more than Rs.1000/- p.m. out of which he would be spending 2/3rd on the petitioner and her children. In the result, the datum figure would be Rs.750/- p.m. or Rs.9000/- per annum to which the multiplier of 8 should be applied presuming the age of Mangat Singh between 55 to 60 years and the amount of compensation for his death would be Rs.72,000/-. The value of three buffaloes would also be about Rs.28,000/-Hence, the total amount of compensation payable by respondent-Board to the petitioner would be Rs.1,00,000/-. The value of three buffaloes would also be about Rs.28,000/-Hence, the total amount of compensation payable by respondent-Board to the petitioner would be Rs.1,00,000/-. She will also be entitled to interest at the rate of 10% per annum on the amount of compensation from the date of petition i.e. 15.4.1995 to the date of payment. 7. We arc not awarding cost to the petitioner as the writ petition has been entertained on her representation and she was provided Legal Aid Counsel by this Court. The writ petition is accordingly allowed. 8. We find that in pursuance to order dated 9.1.1996 and amount of Rs.2 lacs was deposited by the respondent-Board, which is lying in Fixed Deposit. Therefore, we direct that the petitioner may be paid the amount of compensation of Rs.1,00,000/- alongwith upto date interest @ 10% as awarded out of the amount lying in Fixed Deposit and the balance may be refunded to the respondent- Board.