PUNJAB STATE ELECTRICITY BOARD Vs. DYAL KAUR AND ANOTHER
LAWS(P&H)-2016-5-657
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 12,2016

PUNJAB STATE ELECTRICITY BOARD Appellant
VERSUS
Dyal Kaur And Another Respondents

JUDGEMENT

AMOL RATTAN SINGH, J. - (1.) Learned counsel for the applicant-appellant has filed in Court today, an affidavit giving greater details for the reasons for delay in refiling the appeal, to the effect that he had changed his office from one place to another, as given in the affidavit, and the original papers got misplaced during the shifting and it was only thereafter, after the papers were retraced, that the appeal was filed. The reasons given in the affidavit are accepted and the delay of 194 days in refiling the appeal, is condoned. The application is allowed. RSA No.1715 of 2016 This is the second appeal filed by the defendant-Punjab State Electricity Board (now re-named as the Punjab State Power Corporation Limited), after the suit filed by the two respondents herein (herein after referred to as the 'plaintiffs'), seeking recovery of damages/compensation on account of the death of their son, Nikka Singh, was decreed to the extent that compensation was awarded for a sum of L 5,50,000/-, along with interest thereupon @ 6% per annum, as against the damages of L 10 Lacs sought by the plaintiffs.
(2.) The facts, taken from the judgment of the learned Civil Judge (Sr.Divn.), Mohali, are that the plaintiffs had filed a suit stating that their son, Nikka Singh, was coming from the public toilets of Village Matour, on 23.06.2006, on his bicycle. When he reached near the Government High School in the village, an electric wire got trapped in the front tyre of his bicycle, due to which he unfortunately died on the spot, due to electrocution. The said wire is stated to have broken away from the electric pole installed up by the Electricity Board. At that time, the brother of the deceased, Harnek Singh, was present on the spot but was unable to save him, despite attempting to do so. One Nirmal Singh also reached the spot and released the deceased from the electric wire, by using some wood. However, Nikka Singh was declared dead upon his having been taken to the Chawla Nursing Home.
(3.) It was further contended that when the wire had broken and fallen on the ground, the shopkeepers of the village had informed the officials of the Board to repair it, but they did not do so.;


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