Allahabad High Court
Smt. Krishna Devi And 4 Others vs State Of U.P. And 3 Others on 28 February, 2023
Bench: Surya Prakash Kesarwani, Anish Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 3
Case :- WRIT - C No. - 47386 of 2016
Petitioner :- Smt. Krishna Devi And 4 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Archana Singh,Shreeprakash Singh
Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi,Usha Kiran
Hon'ble Surya Prakash Kesarwani,J.
Hon'ble Anish Kumar Gupta,J.
On the request of learned counsel for the petitioner, the Executive Engineer, Dakshinanchal Vidyut Vitran Corporation Ltd. Jhansi, is allowed to be impleaded as respondent no. 5 in the array of parties during the course of the day.
Notice on behalf of newly impleaded respondent no. 5 is accepted by Ms. Usha Kiran, learned cousnel.
Heard Sri Shreeprakash Singh, learned counsel for the petitioners, Sri Anubhav Chandra, learned Standing Counsel for respondent no. 1, Sri Abhishek Srivastava, learned counsel for respondent no. 2 and Ms. Usha Kiran, learned counsel for respondent nos. 3, 4 & 5.
This writ petition has been filed praying for the following relief:
"(1.) Issue a writ or direction in the nature of Mandamus commanding the Respondents to pay the compensation of Rs. 10.5 lacs along with interest at the rate of 12% till the date of its actual payment to the Petitioners as well as other entitlements of Provident Fund, Gratuity and pension etc.;
(2.) Issue a writ or direction in the nature of mandamus commanding the Respondents to offer an employment as per her qualification to the widow/Petitioner No. 1 on compassionate basis;"
The petitioners have filed the present writ petition praying for an interim mandamus to the respondents to pay Rs. 10,50,000/- along with interest at the rate of 12 % as an interim measure and thereafter pay a fair compensation on account of death of husband of petitioner no. 1 on 10.07.2016 due to electrocution from 11,000 volt of electric live wire due to negligence of respondents. It is further prayed that the respondents be directed to offer employment to the petitioner no. 1 on compassionate ground.
It is admitted case of the respondents that fault of the respondent was found due to which the husband of petitioner no. 1 died and a sum of Rs. 1,50,000-/- has been paid to her as compensation. Petitioners are dissatisfied with the amount of compensation and wants compensation in terms of the law laid down by this Court in the case of Kaneez Fatima vs. State of U.P. and Ors. (Writ (C) No. 25065 of 2022) decided on 09.11.2022. wherein a general mandamus was issued to pay fair compensation.
Learned Counsel for the respondents jointly submits that compensation to the petitioners shall be considered by the respondent no. 5 in the light of the judgment of this Court in the case of Kaneez Fatima (supra) and appropriate amount of compensation shall be determined within six weeks from the date of submission of a certified copy of this order, after affording reasonable opportunity of hearing to the petitioners.
In view of the aforesaid, this writ petition is disposed of in terms of the statement of learned counsel for the respondents as aforenoted.
Petitioners are permitted to make a fresh claim before the respondent no. 5, Executive Engineer, Dakshinanchal Vidyut Vitran Corporation Ltd. Jhansi, within three weeks from today along with a certified copy of this order, annexing therewith copies of all relevant papers which they may intend to rely in support of their claim. Thereafter, the amount of compensation shall be determined by the respondent no. 5 in accordance with law as laid down in the case of Kaneez Fatima (supra) within next six weeks, after affording reasonable opportunity of hearing to the petitioners.
It is made clear that the Court has not expressed any opinion on merits of the case of the petitioners.
Order Date :- 28.2.2023
Shubham Arya
