Shakuntla Devi And Others v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Civil Writ Petition No. 17423 of 2021 Date of Decision: September 06 , 2021.

Shakuntla Devi and others ...... PETITIONER (s)

Versus

State of Haryana and others ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Dheeraj Narula, Advocate and Mr. G.S.Gopera, Advocate for the petitioners.

Mr. Sharan Sethi, Addl.AG, Haryana for respondent No.1, 5 and 6.

Mr. Ashish Yadav, Addl.AG, Haryana for respondents No.2 to 4.

***** LISA GILL, J.

Prayer in this writ petition is for a direction to the respondents to grant compensation to the tune of `30,00,000/- on account of death of Sushil i.e., husband of petitioner No.1, father of petitioner No.2 and son of petitioner No.3, caused due to electrocution. It is stated that electrocution was caused due to gross negligence on the part of respondent-Corporation in not properly maintaining the high tension electric wire, which fell on Sushil (since deceased) on 26.09.2020. Learned counsel for the petitioners refers to the post-mortem report dated 26.02.2018 (Annexure P2) whereby cause of death of Sushil is mentioned as 'cardiogenic shock as a result of electric shock which is ante-mortem and sufficient to cause death in ordinary course of nature'. DDR No.19 dated 26.09.2020 (Annexure P1) in respect to the death of Sushil, is also stated to be OMKAR SINGH 2021.09.07 16:36 I attest to the accuracy and integrity of this document High Court, Chandigarh

CWP No.17423 of 2021 [2] recorded at Police Station Rania, District Sirsa. It is submitted that despite representation dated 27.01.2021 (Annexure P4), no action is being taken by the respondent-authorities. At this stage, learned counsel for the petitioners restricts the prayer for a decision on representation dated 27.01.2021 (Annexures P4) in a time bound manner. Notice of motion.

Mr. Sharan Sethi, Addl.AG, Haryana accepts notice on behalf of respondents No.1, 5 and 6. At the asking of the Court, Mr. Ashish Yadav, Advocate accepts notice on behalf of respondents No.2 to 4. Learned counsel for the respondents do not raise any serious objection to the restricted prayer.

Keeping in view the facts, circumstances of the case and the limited prayer addressed, but without expressing any opinion on the merits of the case, this writ petition is disposed of with a direction to the competent authority, to decide representation dated 27.01.2021 (Annexures P4), filed by the petitioners by passing a speaking order, within three months from the date of receipt of certified copy of this order after affording an opportunity of hearing to the petitioners. In case, petitioners are found entitled to any amount as claimed, the same be released within six weeks thereafter. Petition is disposed of accordingly.

( LISA GILL ) September 06 , 2021.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No OMKAR SINGH 2021.09.07 16:36 I attest to the accuracy and integrity of this document High Court, Chandigarh