- (1.) The petitioners pray for grant of compensation for the loss of two male members of their family i.e. Gurnam Singh aged 48 years and Jagjit Singh aged 16 years. Both these persons died on account of electrocution when they were working in the field as the high-tension cable fell on Gurnam Singh. In an effort to save Gurnam Singh, his son Jagjit Singh also got electrocuted. They were brought to the hospital by Satnam Singh who was the brother of Gurnam Singh, but before reaching the hospital, they breathed their last. The post-mortem report conducted on the body of the deceased affirmed that the death had been caused due to electrocution. It is in this background that petitioner No. 1 who is the widow of Gurnam Singh and petitioner No. 2 who is his daughter, pray that adequate compensation be granted to them since two male members of their family lost their lives. The respondents have filed their reply and have stated that they are not in any way to be blamed for the deaths since on 26.8.2008, strong winds blew which had broken a pole and a new pole was installed; the wires were repaired, but yet the same broke and therefore, this was something beyond their control. However, the respondents have paid compensation to the petitioners amounting to Rs. 3,12,940/- for the death of Gurnam Singh and an amount of Rs. 1,00,000/- for the death of Jagjit Singh. The respondents thus pray that they be absolved of any further liability.
(2.) I have considered the matter and am of the opinion that this is a case where the principles of res ipsa locutor can be applied. Evidently, the facts are such that the negligence of the respondents is writ large on the face of it. Two persons working in the farm lost their lives on account of the live wires falling on them and this too, when according to the respondents, they had repaired the pole and the transmission line immediately preceding the date of the incident. It is apparent that the work was not executed with caution leading to the unfortunate accident.
(3.) There is thus, no escape from the conclusion that the respondents have been negligent in their approach and therefore, they necessarily have to be burdened with compensation which the petitioners deserve to be granted considering the fact that two male members of the family lost their lives.;