- (1.) These two writ petitions challenging the orders passed by the National Human Rights Commission and other of U.P. Human Rights Commission respectively, raise similar question of law and have been heard together. Brief facts necessary to be noticed of these two writ petitions are; writ petition No. 13821 of 2010 has been filed by the U.P. Power Corporation Ltd. challenging the order dated 6.11.2009, recommending General Manager U.P. Power Corporation to pay a sum of Rs. 3,00000/- as monetary relief to the next of kin of deceased Ramadhar Yadav. The deceased Ramadhar Yadav was electrocuted, while working on an electric pole of 11 KV Transmission Line. Ramadhar Yadav was an electric mechanic, who although was not regular or causal employee of the U.P. Power Corporation but the work was being taken from him by the employees of the U.P. Power Corporation and on a fateful day on 6.8.2008, it is the case of the petitioner that the deceased Ramadhar Yadav was called from his house by one Markandey Singh, skill coolie and Chandrapati Pandey, S.S.O for repairing of 11 K.V. Line. Ramadhar Yadav, while working on the pole suffered electric current and was taken to hospital by aforesaid two persons and thereafter to Varanasi, where he died on 8.8.2008. A complaint was filed by the respondent No. 2, the son of the deceased Ramadhar Yadav before the National Human Rights Commission, who after calling a report from the Corporation and Senior Superintendent of Police, Mau held an inquiry and thereafter passed the impugned order holding that the Commission has found in some other cases that outsiders are some times engaged in an unauthorised manner for repairs of transmission lines. This practice results in serious violation of human rights inasmuch as the hapless worker is not only exposed to insecurity of life but is also deprived of the benefits of labour laws. The National Human Rights Commission recommended for payment of a sum of Rs. 3,00000/-as monetary relief to next of kin of the deceased Ramadhar Yadav.
(2.) In writ petition No. 41053 of 2008, the petitioner has challenged the order dated 27.3.2008, passed by one member of U.P. Human Rights Commission. The facts of the case are that one Smt. Chandrawati Devi, wife of Nand Lal Yadav, while going to her paddy field on 8.9.2007 at 8:00 a.m. in the morning came in touch with a live wire of 11000 volt which had broken from pole and was hanging near the earth. A complaint was submitted by the respondent No. 2, the husband of Smt. Chandrawati Devi in January, 2008, stating that wife of the complainant came into contact of live wire of 11 KV on 8.9.2007, while going to her agricultural field and fell down, who was subsequently taken to hospital, she was being treated at Varanasi and an amount of Rs. 70,000/- had been spent towards treatment and an amount of Rs. 1,00000/- has more to be spent on her treatment. The wire was broken on 6.9.2007 but no safety measures were taken by the Corporation. The Electricity Department or the State should be directed to pay an amount of Rs. 5,00000/-. A report dated 24.3.2008 was submitted to the Commission by the Executive Engineer of the U.P. Power Corporation on 25.3.2008 and the Commission by order dated 27.3.2008 recommended that the Corporation should pay relief of Rs. 4,00000/-within one month and further recommended for action against the guilty officials of the Electricity Department.
(3.) Sri Arvind Kumar, learned Counsel for the petitioner challenging the orders passed by the National Human Rights Commission dated 6.11.2009 and the order of the U.P. Human Rights Commission dated 27.3.2008, contended that U.P. Power Corporation has already framed its policy for payment of compensation to the persons suffering death or injury due to electric accident. It is submitted that by order dated 19.6.2008, U.P. Power Corporation has decided that amount of Rs. 50,000/-should be increased to Rs. 1,00000/- in case of death in the electricity accident, with regard to injury in cases of total disability an amount of Rs. 1,00000/-and in the cases of partial disability a proportionate amount be paid on the basis of medical certificate up to the maximum of Rs. 1,00000/-. Copy of the said order has been filed as Annexure-7 to the writ petition.;