RAHIM AND ANOTHER Vs. COLLECTOR, SULTANPUR AND OTHERS
LAWS(ALL)-2008-11-164
HIGH COURT OF ALLAHABAD
Decided on November 18,2008

RAHIM Appellant
VERSUS
Collector, Sultanpur Respondents

JUDGEMENT

RAJIV SHARMA, J. - (1.) HEARD learned Counsel for the petitioner and learned Standing Counsel appearing for the opposite party No. 1.
(2.) FEELING aggrieved by the order dated 7.8.2008 passed by the District Magistrate, Sultanpur under section 6 of the Public Liabilities Insurance Act, 1991, the petitioner has filed the instant writ petition wherein it has been held that the petitioner's son, who died due to electrocution, does not come within the purview of Section 2 (d) of the Act. It has also been held that the electricity protection, distribution etc. does not come within the purview of the hazardous substance. In short the facts of the case are that the petitioner's son, namely, Amin Ahmad, who was student of Class X in Nehru Smarak Inter College, was going through the village to attend the call of nature. In the village there is 11000 volt line which was going through the village and due to negligence of employees of the concerned department, the wire was hanging, which the peti­tioner could not see and live wire touched his body, due to which he died on the spot. The petitioner No. 1 lodged a F.I.R. at P.S. Dhammaur, District Sultanpur, thereafter panchanama was prepared and the post-mortem exami­nation was also conducted on the same day.
(3.) THE action was brought by the parents of the son i.e., petitioners by moving an application under section 6 of the Public Liabilities Insurance Act, 1991 for award of compensation to the tune of Rs. 5 lacs, before the District Magistrate on the ground that the electricity distribution also comes within the hazardous substance.;


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