Delhi High Court
Sohan Lal & Others vs Govt. Of N.C.T. Of Delhi & Anr. on 23 November, 2017
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 23rd November, 2017
+ W.P.(C) 2584/2008
SOHAN LAL & OTHERS ..... Petitioners
Through: Ms.Aruna Mehta, Advocate
versus
GOVT. OF N.C.T. OF DELHI & ANR. ..... Respondents
Through: Mr.Satyakam, ASC for GNCTD with
Mr.Akshay Agarwal, Advocate.
Mr.Rajeeve Mehra, Sr. Advocate with
Mr.Samrat Nigam, Mr.Abhimanyu
Walia, Ms.Jaya Verma, Advocates for
respondent no.2, BSES Rajdhani
Power Ltd.
SI Sachin Yadav, P.S. Vikas Puri.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. On 3rd May, 2007, Baby Sanjana aged about 6 years and Baby Kali,
aged about 4 years were playing in the street in front of house No.JG-II/508,
Vikas Puri when Baby Sanjana accidentally touched the electricity pole
No.48. Baby Kali tried to rescue her but she also got stuck to the pole as the
electric current was flowing in the said pole. Amarjeet standing outside his
shop, ran to the spot and separated the girls from the electric pole with the
help of a broom. Both the girls were rushed to Deen Dayal Upadhyay
Hospital where Baby Sanjana was declared brought dead whereas Baby Kali
suffered burn injuries. Appellants no.1 and 2 are the parents of Baby
Sanjana and they are seeking compensation for the death of their daughter,
Baby Sanjana due to electrocution. Appellant no.3 is the injured girl and she
is seeking compensation for the injuries suffered due to the electric shock.
2. The police registered FIR No.168 dated 3rd May, 2007 under Section
337/304A IPC against Gautam Pal Sharma and Kashi Kant Jha in which the
chargesheet has been filed and the criminal case is pending trial.
3. Vide order dated 24th October, 2017, the Electrical Inspector was
directed to produce the inspection report in pursuance to which Electrical
Inspector's letter dated 5th June, 2007 to SHO, P.S. Vikas Puri was produced
which is reproduced hereunder:
"To,
The Station House Officer,
Police Station, Vikas Puri,
Delhi.
Sub:- Electrocution of Kumari Sanjjana, occurred At Pole No. - 48 of
B.S.E.S. Rajdhani Power Ltd. installed in front of House No.J.G.-
II/510 Vikas Puri, Delhi, on 03.05.07.
Ref.: F.I.R.No.168 dt.03.05.07 U/s 337.304 A/Police Station, Vikas
Puri Delhi.
Sir,
The information about the above said accident case was given to this
office on 09.05.07 by Sh. Sis Ram Gautam, Sub-Inspector Police
Station Vikas Puri Delhi. The said case was investigated on 11.05.07
by the undersigned alongwith Sh. Sat Pal Singh, Electrical Overseer
of this Inspectorate in the presence of Sh. Sis Ram Gautam, Sub-
Inspector Police Station Vikas Puri Delhi and Sh. B.P. Sood Manager
(O & M);Sh. O.P Gaba, Asstt. Manager (O & M) and Sh. G.P.
Sharma maintenance officer B.S.E.S. Rajdhani Power Ltd. Zone 1504,
Distt. Vikas Puri Delhi. During the course of investigation it was
reported by the Police that on 03.05.07 Kumari Sanjjana and Kali
while playing in the street happened to come in contact with the
metallic pipe of pole No.48 of B.S.E.S. R.P.L. fixed in front of House
No.JG-II/510, Vikas Puri Delhi, received electric shock which proved
fatal to Kumari Sanjjana. On making enquiry it was reported by Sh.
Ram Jiyawan Pal alias Phool Singh lineman of M/s. Anupam Traders
that on 03.05.07 he went to attend the no current complaint No.-145
971 (H.No. JGII/510, 496) dt. 03.05.07 at pole No.-48 situated in
front of H.No.-JG-II 510 Vikas Puri Delhi. He found that one of the
outgoing underground cables got short circuited/brunt. The brunt
portion was touching the metallic pipe through which the said cable
was passing. He further stated that, the flashover took place also on
02.05.07 in the intervening night of 2nd and 3rd May, 2007 on the same
pole, but on other circuit. The same was repaired in the intervening
night of 2nd and 3rd May, 2007 by Sh. Kanshi Ram another lineman
M/s Anupam Traders.
It is further mentioned here that the brunt cable/metallic pipe with
which the said accident reported to have occurred was found repaired
before the inspection, and no information/telegraphic report within 24
hours of knowledge of occurrence of the electrocution and written
report within 48 hours of the knowledge of occurrence of
electrocution case was given to this office as required under the
provisions of Rule 44A of Indian Electricity Rules, 1956.
At the time of inspection, it was observed that a electric pole No.48, of
B.S.E.S. Rajdhani Power Ltd. was found installed in front of House
No.JG-II/510, Vikas Puri, Delhi. There were three outgoing
underground cables, out of which, two cables 4 X 25 mm each were
feeding supply to the above said quarters and one cable 2 X 10 mm
was meant for park light. Supply to the said overhead lines was 3
phase 4 wires system. The same was being fed from the unattended 11
KV Indoor sub/station JG-III Jhuggi wala, Vikas Puri, Delhi. The
instructions were given to the B.S.E.S. staff for digging the soil again
to check the cable. A cable 4 X 25 mm with which the said accident
occurred was passing through a metallic pipe fixed along side the
main pole. The metallic pipe was found not earthed. It reveals from
the circumstances that the end of the brunt cable came in contact with
the metallic pipe, as a result the metallic pipe got electrically
charged. Kumari Sanjjana and Kali who happened to come in contact
with the electrically charged metallic pipe received electric shock
which proved fatal to Kumari Sanjjana.
The unattended 11 KV Indooor Sub/Station JG-III Jhuggi wala, Vikas
Puri was also inspected on the same day i.e. on 03.05.07. The Air
circuit breaker feeding to the said overhead lines was found defective.
As such the electrical installation was found not maintained in such a
manner to ensure the safety of human beings and animals, as there
had been no tripping after the occurrence of short circuit of
underground cable and even after the occurrence of electrocution of
Kumari Sanjjana.
At the time of inspection, the following provisions of the Indian
Electricity Rules, 1956 had not been found complied with:- by
B.S.E.S. Rajdhani Power Ltd.
(1) The electrical installation of the said overhead lines had not
been found protected, worked, and maintained in such a manner to
ensure the safety of human beings and animals as there had been no
tripping from the unattended 11 KV Indoor Sub/Station JG-III Jhuggi
Wala, Vikas Puri, Delhi, after the occurrence of short circuit of the
underground cable and even after the electrocution of Kumari
Sanjjana in contravention of provisions of Rule 29(1) of the said rules.
(2) All metal supports of the said overhead lines and metallic
fittings, attached thereto had not been permanently and efficiently
earthed as required under the provisions of rule 91(1) of the said
rules.
(3) No telegraphic report within 24 hours of the knowledge of
occurrence of the electrocution and written report within the 48 hours
of the knowledge of the said electrocution case of Kumari Sanjanna,
was given to this office in contravention of provisions of rule 44A of
the said Rules.
Yours faithfully.
Sd/-
(T.D. KHATRI)
Asstt. Electrical Inspector
Delhi.
(Emphasis supplied)
4. Mr.Rajeeve Mehra, learned senior counsel on behalf of the BSES
Rajdhani Power Ltd. submits that the residents of JJ Cluster had laid illegal
wires for illegal abstraction of energy and the two children came in contact
with the illegal wires. Learned senior counsel has referred to the internal
report of BSES Rajdhani Power Ltd.
5. After considering the reports of Electrical Inspector and BSES
Rajdhani Power Ltd., this Court accepts the report dated 5th June, 2007 of
the Electrical Inspector. This Court is not satisfied with the findings
contained in report dated 9th May, 2007 of BSES Rajdhani Power Ltd.
6. Appellant no.3, Baby Kali present in Court today is aged 15 years and
she suffered permanent deformity of the index finger of the right hand and a
scar on the abdomen. The photograph of Baby Kali at the relevant time
showing the scar on the abdomen is handed over and taken on record.
7. In the peculiar facts and circumstance of this case, compensation of
Rs.10 lakhs is awarded to appellants no.1 and 2 along with interest @ 7.5%
from the date of filing of the petition in respect of death of Baby Sanjana.
With respect to the injuries suffered by appellant no.3, compensation of
Rs.1,50,000/- along with interest @ 7.5% from the date of filing of this
petition is awarded to appellant no.3.
8. Learned counsel for appellant no.3 submits that Kali is the nick name
of appellant no.3 and her correct name is Usha. Learned counsel for
appellant no.3 has produced the original Aadhaar card according to which
the name of appellant no.3 is Usha. The copy of the Aadhaar card is taken
on record. The name of appellant no.3 is corrected as Baby Kali @ Usha.
The amended memo of parties be filed by the appellant within two weeks.
9. Respondent no.2, BSES Rajdhani Power Ltd. is directed to deposit the
compensation amounts with the Registrar General of this court within 30
days.
10. Learned senior counsel for respondent no.2 submits that respondent
no.2 shall file a petition for quashing of FIR No.168/07 before the release of
the compensation amount to the appellants. Learned counsel for the
appellants submits on instructions from the appellants that the appellants
have no objection to the quashing of the FIR. It is submitted that the
appellants shall give their no objection to the quashing of the criminal case
within one week of the deposit of the compensation amount. The appellants
also agree to appear before the competent Court for giving their no objection
to the quashing of the FIR after deposit of the compensation amount.
11. List for disbursement of the compensation amount on 20 th December,
2017 at 2.30 PM.
12. The appellants shall remain present in Court on the next date of
hearing along with the passbooks of their savings bank accounts near the
place of their residence as well as PAN card and Aadhaar card. The
concerned banks are directed not to issue any cheque book and/or debit card
to appellants and if the same have already been issued, the Banks are
directed to cancel the same. The appellants shall produce the copy of this
judgment before the concerned Banks whereupon the Banks shall make an
endorsement on the passbook that no cheque book or debit card shall be
issued to appellants without the permission of this Court.
13. Copy of this judgment be given dasti to counsel for the parties under
the signature of the Court Master.
NOVEMBER 23, 2017/dk J.R. MIDHA, J.
