Allahabad High Court
Chanchala Devi And Another vs State Of U.P. And 4 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. - 9059 of 2022
Petitioner :- Chanchala Devi And Another
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Ajai Singh Patel,Viresh Kumar Gupta
Counsel for Respondent :- C.S.C.,Abhishek Srivastava,Krishna Agarawal,Sushil Kumar Pandey
Hon'ble Surya Prakash Kesarwani,J.
Hon'ble Anish Kumar Gupta,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Viresh Kumar Gupta, 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 Sri Sushil Kumar Pandey, learned counsel for respondent nos. 3, 4 & 5.
This writ petition has been filed praying for the following relief:
"i) issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 04.04.2019 passed/issued by Executive Engineer, Electricity Distribution Division-1, Pipri, Sonbhadra.
ii) to issue a writ, order or direction in the nature of certiorari to quash the office memorandum dated 02.07.2016 issued by Director (Commercial & Administrative) U.P. Power Corporation Ltd. Lucknow (Annexure No. 13 to this writ petition).
iii) issue a writ, order or direction in the nature of Mandamus directing the respondent to compensate the petitioner with Rs. 4 lakhs towards immediate relief in pursuance of office memorandum dated 02.07.2016.
iv) issue a writ, order or direction in the nature of Mandamus directing the respondents to compensate the petitioners suitably over and above Rs. 4 lakhs taking view the age and income of the deceased and distress of the family."
The petitioners have filed the present writ petition praying for a direction in the nature of mandamus to the respondents to pay Rs. 4,00,000/- as immediate relief and thereafter pay to them a fair compensation on account of death of husband of petitioner no.1 on 22.09.2011 due to electrocution from 11,000 volt of electric live wire due to negligence of respondents.
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. 1,00,000/- has been paid to petitioners 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 of 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, Electricity Distribution Division, Pipri, Sonbhadra 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
