- (1.) The petitioners are the parents of the boy of an age of 18 years, who died due to electrocution by coming in contact with a live electric wire on a public road while traveling in a motorcycle. The fact of death due to electrocution is brought out in the DDR as well as in the post-mortem certificate. The doctor has opined that the death was due to electrical shock. The petitioner filed evidence of the fact that he was studying in a school and had won several merit certificates for participation in various events held in the State and adjoining States. The principal contest is entered by the 4th respondent-the Punjab State Corporation Limited on a plea that the death raises a disputed question of fact and it is not proper to undertake adjudication in the writ petition.
(2.) The reply of the 4th respondent merely states that there was no negligence on the part of the respondent in performing their duties sufficiently and the mere fact that the person come into contact with the electrical transmission over head wire would not be sufficient for awarding compensation. Indeed, the act of snapping of wire cannot be a common occurrence, even if it happens on account of a cyclone or heavy winds, even then it is the duty of the Corporation maintaining its facilities. The issue has been considered in almost all the Courts in India that in the absence of a safety device for an accidental snapping of electrical wires, the authority, that is responsible for such facilities shall be answerable for the consequences of any accident by applying a strict liability norm. The situation truly reflects a res ipsa loquitur situation and I find that the Corporation has made no attempt to bring any evidence of diligent upkeep of its facilities. The issue of compensation for the petitioner through a public law remedy in a writ petition has also been settled through several decisions and I do not feel constrained to repeat the volume of case laws that abound of this step. In some other recent decisions relating to award of compensation for death due to fire in public places that were not maintained properly by the persons bound to be maintained, the Supreme Court has awarded compensation even amounts in the range of Rs. 7.5 lacs in cases of death. The claim made is just. There shall be an order, therefore, for the amount of Rs. 5 lacs as claimed with interest at 9% from the date of petition till the date of payment. The liability shall be on the 4th respondent. The amount is to be paid through a demand draft within a period 3 weeks from the date of receipt of copy of this order.
(3.) The writ petition against respondents No. 1 to 3 is dismissed. The liability for payment of compensation shall be on 4th respondent. The petition is allowed on the above terms with costs of the petition assessed at Rs. 10,000/-.;