- (1.) Writ petition under Article 226 of the Constitution of India has been preferred against the award passed by the Addl. Collector, Bahraich awarding compensation in pursuance to power conferred by the Public Liability Insurance Act, 1991, in short Act and the rules framed thereunder. The question involved is whether the competent authority lacks jurisdiction to award compensation more than the amount provided under the Schedule of the Act in pursuance to the provisions contained in Section 3?
(2.) In brief, on 28.5.2001, Shri Barkatullah and his wife Smt. Fatima Begum happens to be father and mother of the private respondent succumbed to electric shock by the electricity wire possessing 11000 volt of current when they Were going to Kaiserganj on their scooter. The accident occurred near village Chakpihani on Gandara Kaiserganj road. Both Shri Barkatullah and Smt. Fatima succumbed to the electric shock at the spot. A first information report was lodged on 28.5.2001 at police station, Kaiserganj. After the death of parent, private respondents have filed an application under Section 6 of the Act for payment of compensation. A Case Nos. 11 and 12 of 2001 was registered and adjudicated by the opposite party No. 7. With regard to the death of father, compensation claimed was for Rs. 4,63,776 and with regard to death of mother (in Case No. 12), compensation claimed was Rs. 4,80,000.
(3.) Before the Addl. Collector, the plaintiff respondents had filed the income certificate of Shri Barkatullah showing his monthly income as retired postmaster to the tune of Rs. 2,706. Apart from income certificate through pension, the complainant has also filed the copy of the death certificate, copy of the kutumb register and copy of the list of family members, paper cuttings, letter sent to authorities with regard to accident in question. It was specifically pleaded before the Presiding Officer that the electricity wire fell down over the road because of negligence on the part of the petitioner and in consequence thereof, the deceased succumbed to the electric shock. It was also pleaded that the flow of electric current was not switched of automatically after falling down of the wire on the road; rather only after the accident when the deceased died, after receipt of information, the departmental employees have switched of the electricity current. It was further pleaded that the electricity is a hazardous substance under Section 2 (d) of the Act and the Collector is empowered under Section 7 to render an award for payment of compensation. At the time of death, the deceased were survived by two sons, two daughters, i.e., four minor children. The deceased Barkatullah was the only earning member serving the family.;