Dharamvir And Others v. State Of Haryana And Others

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH *** CWP-17813-2026 Date of Decision: 29.05.2026 DHARAMVIR AND OTHERS

...Petitioners

Versus

STATE OF HARYANA AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. Ravi Ambawata, Advocate for petitioner Mr. Deepak Vashishth, DAG, Haryana Mr. Ravish Kaushik, Advocate For respondent - Nigam *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioners through instant petition under Article 226/227 of the Constitution of India are seeking compensation on account of death of their family member due to electrocution.

2.

The deceased aged 24 years was working as tube-well operator in the Public Health Department and was a sole breadwinner of his family. On 24.08.2025 while operating the tube-well/starter at village Koka, he came in contact of electric current and suffered a fatal electric shock which resulted in his death. He was taken to Government Hospital, Mahendergarh where he was declared dead. The post-mortem report dated 25.08.2025

-2confirmed his cause of death as electrocution. Petitioners approached respondent-department seeking compensation for untimely death of their son and also served legal notice dated 16.10.2025 but to no avail. 3.

As per notification dated 15.07.2019, there is strict liability of Dakshin Haryana Bijli Vitran Nigam Limited (for short 'Nigam') in case of fatal accident. Paragraph No.11 of the notification which creates strict liability of the Nigam reads as:- "11. Private Person for Fatal Accident & NonFatal Accidents DHBVN is engaged in the hazardous activity and risky for the human life and thus DHBVN owns strict liability for compensation to the private person. Accordingly, the compensation to the private person shall be payable in case of fatal as well as nonfatal accident irrespective of the reasons for such accident as the electricity system is open to the public. The compensation amount shall be payable as per provision of the Employees Compensation Act, 1923. However, this compensation shall be applicable for the accident cases occurring with the electrical network of the DHBVN and not in private premises."

4.

Learned counsel for the respondent-Nigam assures the Court that competent authority would consider petitioners' claim and an appropriate order would be passed as per policy dated 08.07.2019. 5.

Learned counsel for the petitioners agrees to the aforesaid arrangement.

6.

In the wake of statement of both sides, the petition stands disposed of.

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The respondents are hereby directed to consider petitioners' claim and pass an appropriate order within six weeks from today. 8.

Pending Misc. application(s), if any, shall stand disposed of. (JAGMOHAN BANSAL) JUDGE 29.05.2026 SDK Whether speaking/reasoned Yes/No Whether reportable Yes/No