- (1.) Paschimanchal Vidyut Vitran Nigam Limited and its officials have approached this Court challenging an order dated 1.3.2016 passed by Permanent Lok Adalat awarding compensation of Rs.5,78,000/- to the first and second respondents ( claimants).
(2.) The claimants are parents of Danveer Singh and Shiv Shanker Singh. On 16.6.2014 at 6.30 a.m., both their aforesaid sons, while passing through the field of one Jagat Singh of Village Sarawa, came in contact with live 11 KVA electricity line which was lying snapped on the ground. According to the claimants, as a result of electrocution, Danveer Singh died on the spot, whereas their other son Shiv Shanker Singh sustained injuries. The claimants approached the Permanent Lok Adalat for award of compensation in respect of death of Danveer Singh and wherein, the impugned award has been passed. The Permanent Lok Adalat has decided issue no.1 relating to its jurisdiction to adjudicate such claim in favour of the claimants. The Permanent Lok Adalat held that the Paschimanchal Vidyut Vitran Nigam Limited is engaged in distribution and supply of electricity. Under the Legal Services Authorities Act, 1987, a Permanent Lok Adalat is invested with the power and jurisdiction to conduct conciliation proceedings and in case of failure, to decide the dispute on merits in respect of public utility services, which include, interalia, the supply of power, light or water to the public by any establishment. A dispute raising a claim for compensation alleging negligence on part of the Distribution Company in maintenance of the electricity lines meant for supply of power is thus a dispute coming under its jurisdiction. The aforesaid finding has not been challenged before this Court.
(3.) The second issue was whether the accident occurred as a result of the deceased coming into contact with live 11 KVA electricity line or not. Before the Tribunal, paper no.8/3 was a report of an administrative inquiry conducted by the department itself, in which it was found that the accident occurred as a result of electrocution and the deceased died on the spot. Paper no.10/4, the Panchayatnama and paper no.10/6, the case diary established the occurrence of the incident on 16.6.2014. Paper no.10, the post mortem report established that the death occurred as a result of electrocution. The Tribunal, therefore, concluded by holding that the accident occurred on account of the deceased coming into contact with live 11 KVA electricity line, which was lying snapped in the field. The Tribunal found negligence on part of the department in maintaining the supply line in accordance with the provisions of the Electricity Act and the Rules. The aforesaid finding, although is sought to be questioned in the writ petition, but at the time of hearing, Sri Nripendra Mishra, learned counsel appearing on behalf of the petitioners did not press this plea.;