Allahabad High Court
Smt. Ganga Devi And Others vs State Of U.P. And Others on 9 November, 2017
Bench: Amreshwar Pratap Sahi, Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
A.F.R.
Court No. - 37
Case :- WRIT - C No. - 52727 of 2008
Petitioner :- Smt. Ganga Devi And Others
Respondent :- State Of U.P. And Others
Counsel for Petitioner :- Hitesh Pachori
Counsel for Respondent :- C.S.C.,Nripendra Mishra,Rajesh Tripathi
Hon'ble Amreshwar Pratap Sahi,J.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioners and Sri Niprendra Mishra, learned counsel for the respondent nos. 2 and 3 and learned Standing Counsel for the respondent no.1.
This writ petition prays for a mandamus directing the respondent-Electricity Department to pay damages/compensation to the tune of Rs. 6 lakhs on account of the death of one Ghanshyam Sharma to his heirs who are the petitioners herein.
The claims appears to have been made in respect of an accident that occurred on account of Ghanshyam Sharma having been electrocuted by a live electricity transmission wire of a 11,000 K.V. A. Line.
The accident is dated 24.12.2007. The accident appears to have been reported where after the petitioners moved applications and a report appears to have been called for. This is evident from the letter issued by the Executive Engineer of the Electricity Distribution Division, I, copy whereof is annexure no. 5 to the writ petition.
A counter affidavit on behalf of the respondent-Electricity Department has been filed and annexure no. 1 thereto is the report dated 31st October, 2008 entailing therein the details of the accident resulting in the death of the deceased. However, the report dated 31st October, 2008 indicates that it appears that the Ghanshyam Sharma, the deceased had somehow the other come into contact with the live wire as a result whereof he died immediately. The defence taken in the report is that there is no fault on the part of any departmental official or the concerned inspector and according to them this was an accident that can be termed as vis major.
We have gone through the provisions as also the facts on record and it will be appropriate to deal with the report which has been submitted by the respondents. The report indicates that there is a presumption raised about the accident having taken place on account of some divine intervention. We do not find any material either in the counter affidavit or in the report that may even suggest any natural cause or otherwise that resulted in the snapping of high tension wire resulting in the accident. Thus, by no stretch of imagination can it be said that the wire had snapped bringing into contact to the deceased as a result of any such natural disaster. It is obvious that the wire snapped which might have been either on account of a technical defect or the strength and weakness of the transmission line which is exclusively the responsibility of the Electricity Department. The fact remains it was a live wire. In the absence of any evidence of any such external element causing the accident, the report having come to a conclusion of the accident having taken place on account of any natural disaster is without any substance. The accident is admitted and the death is also admitted on account of the electrocution of the deceased person who came into contact with a live wire. It is the duty of the respondent-department to maintain and secure the transmission lines that are already energized. A live wire if snaps, causes an interruption of supply and is taken care of by equipments for immediately de-energizing the wire in the span of transmission where such fault has occurred. The snapping of the wire in the instant case ought to have resulted in putting off the electric current thereby de-energizing the wire that had fallen down after having snapped. Even, otherwise, the inspection and maintenance staff of the said area was under an obligation for ensuring a safe maintenance of the transmission lines. It was, therefore, the duty of the respondent-department to ensure safe maintenance and up keep of the said lines in which there appears to be a fault. The accident, therefore, has occurred which could have been prevented had all precautions been taken by the respondent-department. The report absolves the officials and the department without adverting to it's responsibilities and obligations as per Section 53 of the 2003 Act and the Safety Requirements as per the Electricity Rules 2005.
Coming to the procedure and the rules applicable to the controversy, it would be apt to bring on record that such accidents occurring on account of Distribution, Supply or Use of electricity is taken care of under Section 161 of the Electricity Act, 2003 which is extracted hereinunder:-
"161. Notice of accidents and inquiries.- (1) If any accident occurs in connection with the generation, transmission, distribution, supply or use of electricity in or in connection with, any part of the electric lines or electrical plant of any person and the accident results or is likely to have resulted in loss of human or animal life or in any injury to a human being or an animal, such person shall give notice of the occurrence and of any such loss or injury actually caused by the accident, in such form and within such time as may be prescribed, to the Electrical Inspector or such other person as aforesaid and to such other authorities as the Appropriate Government may by general or special order, direct.
(2) The Appropriate Government may, if it thinks fit, require any Electrical Inspector, or any other person appointed by it in this behalf, to inquire and report--
(a) as to the cause of any accident affecting the safety of the public, which may have been occasioned by or in connection with, the generation, transmission, distribution, supply or use of electricity, or
(b) as to the manner in, and extent to, which the provisions of this Act or rules and regulations made thereunder or of any licence, so far as those provisions affect the safety of any person, have been complied with.
(3) Every Electrical Inspector or other person holding an inquiry under sub-section (2) shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 Of 1908) for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects, and every person required by an Electrical Inspector be legally bound to do so within the meaning of section 176 of the Indian Penal Code (45 of 1860)."
The said provision is referable to the Rules that had already been framed under the Indian Electricity Act, 1910 being the Indian Electricity Rules 1956, Rule 44-A of the 1956 Rules is extracted hereinunder:
"[44A. Intimation of Accident.--If any accident occurs in connection with the generation, transmission, supply or use of energy in or in connection with, any part of the electric supply lines or other works of any person and the accident results in or is likely to have resulted in loss of human or animal life or in any injury to a human being or an animal, such person or any authorised person of the State Electricity Board/Supplier, not below the rank of a Junior Engineer or equivalent shall send to the Inspector a telegraphic report within 24 hours of the knowledge of the occurrence of the fatal accident and a written report in the form set out in Annexure XIII within 48 hours of the knowledge of occurrence of fatal and all other accidents. Where practicable a telephonic message should also be given to the Inspector immediately the accident comes to the knowledge of the authorised officer of the State Electricity Board/Supplier or other person concerned.]"
The said Rules provide for a Form meant for reporting electrical accidents. The said Form is extracted hereinunder:
FORM FOR REPORTING ELECTRICAL ACCIDENTS
[Rule 44A]
1. Date and time of accident.
2. Place of accident. (Village/Town, Tehsil /Thana, District and State).
3. System and voltage of supply. (Whether EHV /HV /L V Line, sub-station/ generating station/ consumer's installations/ service lines/ other installations).
4. Designation of officer in charge of the supplier in whose jurisdiction the accident occurred.
5. Name of owner / user of energy in whose premises the accident occurred.
6. Details of victim(s):
(a) Human:
Sl.No
Name
Father's Name
Sex of victim
Full Postal Address
Approximate
Fatal/non-fatal
(b) Animal:
SI.No
Description of animal(s)
Number(s)
Name (s) of owner(s)
Address(es) of owner(s)
Fatal/non-fatal
7. In case the victim(s) is/are employee(s) of supplier:-
(a) designation of such person(s).
(b) brief description of the job undertaken if any.
(c) whether such person/persons was/were allowed to work on the job.
8. In case the victim(s) is / are employee(s) of a licensed contractor:-
(a) did the victim(s) possess any electric workmen's permit(s) supervisor's certificate of competency issued under rule 45? If yes, give number and date of issue and the name of issuing authority.
(b) name and designation of the person who assigned the duties of the victim(s)
9. In case of accident in the supplier's system, was the permit to work (PTW) taken?
10. (a) Describe fully the nature and extent of injuries, e.g. fatal/ diablement (permanent or temporary) of any portion of the body or burns or other injuries.
(b ) In case of fatal accident, was the post-mortem performed ?
11. Detailed causes leading to the accident.
(To be given in a separate sheet annexed to this form)
12. Action taken regarding first-aid, medical attendance, etc. immediately after the occurrence of the accident (give details).
13. Whether the District Magistrate and Police Station concerned have been notified of the accident (if so, give details).
14. Steps taken to preserve the evidence in connection with the accident to extent possible.
15 Name and designation(s) of the person(s) assisting, supervising the person(s) killed or injured.
16. What safety equipments were given to and used by the person(s) who met with this accident (e.g. rubber gloves, rubber mats, safety belts and ladders, etc.)?
17. Whether isolating switches and other sectionalising devices were employed to deaden the sections for working on the same? Whether working section was earthed at the site of work?
18. Whether the work on the live lines was undertaken by authorised person(s)? If so, the name and the designation of such person(s) may be given.
19. Whether artificial resuscitation treatment was given to the person(s) who met with the electric accident? If yes, how long was it continued before its abandonment?
20. Names and designations of persons present at and witnessed the accident.
21. Any other information/remarks."
With the coming into force of the 2003 Act, a further provision was made by the promulgation of the Intimation of Accidents ( Form and Time of Service of Notice) Rules, 2005. This also contains the Form for reporting electrical accidents. The said Rules of 2005 are extracted hereinunder together with the Form prescribed therein.
"In exercise of the powers conferred by clause (w) of sub-section (2) of section 176 of the Electricity
Act, 2003 (36 of 2003) the Central Government hereby makes the following rules regarding the form
and time of service of notices of electrical accidents, namely:-
1. Short title and commencement. - [(1) These rules may be called the Intimation of Accidents
(Form and time of Service of Notice) Rules, 2005.]
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions- (1) In these rules, unless the context otherwise requires,-
(a) "Act" means the Electricity Act, 2003 (36 of 2003)
(b) "Inspector" means the Chief Electrical Inspector or the Electrical Inspector appointed under subsection
(1) of section 162 of the Act.
(2)Words and expression used and not defined in these rules but defined in the Electricity Act, 2003
(36 of 2003), shall have the meanings respectively assigned to them in that Act.
3. Intimation of accidents- (1) If any accident occurs in connection with the generation,
transmission, supply or use of electricity in or in connection with, any part of the electric lines or
other works of any person and the accidents results in or is likely to have resulted in loss of human or
animal life or in any injury to a human being or an animal, such person or any authorised person of the generating company or licensee, not below the rank of Junior Engineer or equivalent shall send to the Inspector a telegraphic report within 24 hours of the knowledge of the occurrence of the fatal accident and a report in writing in Form A within 48 hours of the knowledge of occurrence of fatal and all other accidents. Where possible a telephonic message should also be given to the Inspector immediately, if the accident comes to the knowledge of the authorised officer of the generating company/licensee or other concerned.
(2) For the intimation of the accident, telephone numbers, fax numbers and addresses of Chief Electrical Inspector or Electrical Inspectors, District Magistrate, police station, fire brigade and nearest hospital shall be displayed at the conspicuous place in the generating station, sub-station, enclosed sub-station/switching station and maintained in the office of the in-charge/owner of the Medium Voltage (MV)/High Voltage (HV)/Extra High Voltage (EHV) installations."
FORM A
FORM FOR REPORTING ELECTRICAL ACCIDENTS
1. Date and time to accident.
2. Place of accident.
(Village/Town, Tehsil/Thana, District and State).
3. System and voltage of supply [Whether Extra High Voltage (EHV)/High Voltage (HV)/Low
Voltage (LV) Line, sub-station/generation station/ consumer's installations/service lines/other
installations].
4. Designation of the officer-in-charge of the generating company/licensee in whose jurisdiction the
accident occurred.
5. Name of owner/user of energy in whose premises the accident occurred.
6. Details of victim(s):
(a) Human
Sl. No.
Name
Father's Name
Sex of victim
Full postal address
Approximate age
Fatal non-fatal
(b) Animal
Sl. No.
Description of animal(s)
Number(s)
Name(s) of owner(s)
Address(es) of owner(s)
Fatal/non-fatal
7. In case the victim(s) is /are employee(s) of supplier:-
(a) Designation of such person(s);
(b) brief description of the job undertaken, if any:
(c) Whether such person/persons was/were allowed to work on the job.
8. In case the victim(s) is/are employees(s) of a licensed contractor,-
(a) did the victim(s) possess any electric workmen's permit(s), supervisor's certificate of
competency?
If yes, give number and date of issue and the name of issuing authority;
(b) name and designation of the person who assigned the duties of the victim(s).
9. In case of accident in the system of the generating company/licensee, was the permit to work
(PTW) taken?
10. (a) Describe fully the nature and extent of injuries, e.g., fatal/disablement (permanent or
temporary) of any portion of the body or burns or other injuries.
(b) In case of fatal accident, was the post mortem performed?
11. Detailed causes leading to the accident.
(To be given in a separate sheet annexed to this form).
12. Action taken regarding first aid, medical attendance etc. immediately after the occurrence of the
accident (Give details).
13. Whether the District Magistrate and Police Station concerned have been informed of the accident
(If so, give details).
14. Steps taken to preserve the evidence in connection with the accident to extent possible.
15. Name and designation(s) of the person(s) assisting, supervising the person(s) killed or injured.
16. What safety equipments were given to or used by the person(s) who met with this accident (e.g.,
rubber gloves, rubber mats, safety belts and ladders etc.)?
17. Whether isolating switches and other sectionalizing devices were employed to deaden the
sections for working on the same. Whether working section was earthed at the site of work.
18. Whether the work on the live lines was undertaken by authorised person(s)? If so, the name and
the designation of such person(s) may be given.
19. Whether artificial resuscitation treatment was given to the person(s) who met with the electric
accident. If yes, how long was it continued before its abandonment?
20. Names and designation of persons present at, and witnessed, the accident.
21. Any other information / remarks.
The accident which has been reported in the present case is in the Form as provided for in Rule 44-A as is evident from perusal of C.A-1 to the counter affidavit.
Thus the entire procedure and the formality either as per the old Rules or the 2005 Rules was carried out by the respondents and the report was submitted on 31st October, 2008 about the death of the deceased in the accident caused by electrocution on 24.12.2007.
The power to award compensation and the maximum limit thereof is governed by the Circulars of the Board. Now the Board of the U.P. Power Corporation Ltd. has enhanced the previous amount of Rs. 50,000/- which was fixed as the minimum vide Boards circular dated 19th June, 2008 to Rs. 1 lakh. A copy of the said circular dated 19th June, 2008 has been produced before the Court which is extracted hereinunder:
m0iz0 ikoj dkjiksjs'ku fyfeVsM
m0iz0 ljdkj dk midze
U.P. POWER CORPORATION LIMITED
( Govt. Of Uttar Pradesh Undertaking )
'kfDr Hkou foLrkj] 14 v'kksd ekxZ] y[kuÅ&226001
la[;k 2400 vkS0l0 2008&09 ¼125½ ,0,[email protected] fnukad 19 twu 2008
dk;kZy;& Kki
m0iz0 ikoj dkjiksjs'ku fyfeVsM ds =qfViw.kZ fo|qrh; vf/k"Bkiu ds lEidZ esa vkus ls ckgjh O;fDr;ksa dh ?kkrd ,oe~ lk/kkj.k nq?kZVuk ls gqbZ viaxrk ij vuqxzg /kujkf'k vuqeU; fd;s tkus lEcU/kh dk;kZy; Kki l[;k&1780&vkSl0la0&[email protected]
2006&19 ¼125½,0,[email protected]] fnukad 19-4-06 esa fuEuor~ la'kks/ku rRdky izHkko ls fy;s tkrs gS %&
¼d½ orZeku esa ?kkrd ekuo fo|qr nq?kZVuk ds QyLo:i vuqeU; ns; vuqxzg /kujkf'k :0 50][email protected]& ¼:i;k ipkl gtkj½ ds LFkku ij :0&1]00][email protected]& ¼:i;k ,d yk[k½ izfr O;fDr gksxhA
¼[k½ ckgjh O;[email protected] O;fDr;ksa dh lk/kkj.k nq?kZVuk esa gqbZ iw.kZ viaxrk dh fLFkfr esa orZeku esa vuqeU; {kfriwfrZ :0& 50][email protected]& ¼:i;s ipkl gtkj½ ls c<+kdj :0&1]00][email protected]&¼:i;s ,d yk[k½ izfr O;fDr rFkk vkaf'kd viaxrk dh fLFkfr esa :0 1]00][email protected]& ¼:0 ,d yk[k½ dh /kujkf'k dh vtZu {kerk esa fpfdRlh; izek.k i= ds vk/kkj ij gq, izfr'kr gkzl ds vuqlkj x.kuk dj vuqikfr vuqxzg /kujkf'k vuqeU; dh tk;sxh ftldh vf/kdre lhek :0 ,d yk[k gksxhA
¼x½ i'kqvksa dh ?kkrd nq?kZVuk gsrq vuqeU; vuqxzg /kjkf'k :0 [email protected]&¼:i;s ikWp gtkj½ vuqeU; dh tk;sxhA
izR;sd fo|qr nq?kZVuk dh fo|qr lqj{kk funs'kky; vFkok vU; laLFkkuksa }kjk dh xbZ tkWpksa dks laKku esa ysdj foHkkxh; tkap dh tk;s vkSj {kfriwfrZ ds :i esa Hkqxrku dh xbZ ?kujkf'k dh olwyh fo|qr nq?kZVuk gsrq mRrjnk;h ¼;fn dksbZ gks rks½ dkfeZd ¼vf/[email protected]½ ls vuq'kklfud dk;Zokgh ds vfrfjDr dh tk;sA
mDr vkns'k fnukad 19-6-2008 vFkok blds mijkUr gksus okyh fo|qr nq?kZVuk ds izdj.k ds lEcU/k esa izHkkoh gksxkA
v/;{k
la[;k 2400 ¼1½ vkSl&17 [email protected] rn~fnukad
izfryfi%& fuEufyf[kr dks lwpukFkZ ,oe~ vko';d dk;Zokgh gsrq iszf"kr %&
¼1½ leLr izcU/k funs'kd [email protected]'pekapy ------------------
fuxe fyfeVsM dkjiksjs'ku ------------------
¼2½ eq[; vfHk;Urk ty fo|qr]m0iz0 ikoj dkjiksjs'ku fyfeVsM
¼3½ leLr eq[; vfHk;Urk ¼forj.k½ m0iz0 ikoj dkjiksjs'ku fyfeVsM dks bl vk'k; ls fd os vius Lrj ls mDr vkns'k dh izfr vf/kuLFk vf/kdkfj;[email protected];ksa dks miyC/k djk nsaA
¼4½ leLr mi egkizcU/kd] m0iz0 ikoj dkjiksjs'ku fyfeVsMA
¼5½ leLr vf/k'kklh vfHk;Urk m0iz0 ikoj dkjiksjs'ku fyfeVsMA
¼6½ egkizcU/kd] ys[kk ,oe~ lEizs{kk m0iz0 ikoj dkjiksjs'ku fyfeVsM
¼7½ mi egkizcU/kd ¼ys[kk½] m0iz0 ikoj dkjiksjs'ku fyfeVsMA
¼8½ leLr ofj"B dkfeZd vf/[email protected] vf/kdkjh] m0iz0 ikoj dkjiksjs'ku fyfeVsMA
¼9½ vuqlfpo] dkfeZd foRr uhfr] m0iz0 ikoj dkjiksjs'ku fyfeVsMA
¼10½ dkjiksjs'ku ¼eq0½] 'kfDr Hkou ds leLr vf/[email protected]@f'kfojA
¼11½ dEiuh lfpo] m0iz0 ikoj dkjiksjs'ku fyfeVsMA
¼12½ dV [email protected] i=koyh la[;k&8&,[email protected] A
vkKk ls
g0vi0
[email protected]@08
¼ v'kksd dqekj½
mi egkizcU/kd ¼vkS0l0½
It is thus evident that according to the Board itself, in such accidents, apart from any other claim that one can make under the provisions aforesaid the Board has taken a decision to award Rs. 1 lakh as the compensation to the claimants.
The petitioners have, therefore, made out a clear case on the admitted facts as per the report submitted by the respondents and in view of the same having been interpreted by us hereinabove for the award of Rs. 1 lakh.
We accordingly, allow this petition and direct the respondent nos 2 and 3 to forthwith release a sum of Rs. 1 lakh to the petitioners, keeping in view the aforesaid circular of the Board leaving it open to the petitioners to seek further remedy that may be available to them in respect of any enhanced amount of compensation if permissible in accordance with law.
The payment shall be made within two months of the date of production of a certified copy of the order.
Order Date :- 9.11.2017
M. ARIF
