SATISH KUMAR MITTAL,J - (1.) THIS order shall dispose of two civil writ petitions bearing Nos. 13135 of 2007 and 14912 of 2007 as common question of facts and law is involved in the same. Both these petitions have been filed under Articles 226 of 227 of the Constitution of India by the widow of deceased Jasbir Singh and the parents of deceased Ramesh Kumar, respectively, directing the respondents to pay compensation to them on account of the death of their husband/son, who is alleged to have died because of the negligence of the Electricity Department.
(2.) IN CWP No. 13135 of 2007, it has been alleged that the husband of the petitioner, namely, Shri Jasbir Singh was an agricultural labourer. On 23.10.2004 he was working in the fields of one Kapil Dev son of Bicha Ram, resident of village Salempur and was cutting the trees standing in his fields. It has been further alleged that on the said date the field owner Kapil Dev requested the Sub Divisional Officer, U.H.B.V.N. Limited, Ladwa (respondent No. 3 herein) to switch off the electricity current in the wires which was going over his fields so that they could cut the trees standing on his fields. Accordingly, the electricity current was switched off and thereafter deceased Jaspal Singh along with other labourers started cutting the trees standing in the field. It has been also alleged that suddenly a fire took place in the adjoining field due to the fall of the electricity wire. The deceased Jaspal Singh along with other labourers rushed to the said sugarcane field and he unknowingly touched the said electric wires. He died immediately on the spot. The petitioner being widow sought compensation from the Electricity Department on account of the death of her husband on the ground that her husband had died due to the negligence of the Electricity Department. When her claim regarding the compensation was not considered, she filed a writ petition bearing CWP No. 8612 of 2006. The same was disposed of with a direction to the respondents to decide the representation filed by the petitioner for grant of compensation. The said claim of the petitioner has been rejected by the respondents on the ground that deceased Jaspal Singh did not die due to the negligence of the Electricity Department. No intimation was ever given by the owner of the field for switching off the electricity supply nor any intimation was ever sent to the Electricity Department for cutting off the trees. It has been further stated that the electric wires were broken due to the illegal acts of the deceased and other labourers for cutting the trees. An enquiry was conducted in the incident by the Chief Electrical Inspector to the Government of Haryana under the Electricity Act, 2003. In the enquiry, it was found that the deceased himself was responsible for the incident. After passing of the said order, the instant petition has been filed.
(3.) IN the written statement filed on behalf of respondents No. 1 to 3, the respondents have taken the same stand on which the claim of compensation was rejected.;