Nayasha Dalal (Minor Girl) v. State Of Haryana And Another

CWP-21490-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-21490-2023 Date of Decision:28.08.2024 Nayasha Dalal through pairokar Mr. Pawan Dalal ..Petitioner vs.

State of Haryana and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present:- Mr. Ashwin Garg, Advocate for the petitioner.

Mr. Suneel Ranga, DAG, Haryana Mr. R.D. Bawa, Advocate and Mr. Rishab Rana, Advocate for respondent No.2.

VINOD S. BHARDWAJ, J.(ORAL) The instant petition has been filed under Article 226 of the Constitution of India for seeking issuance of appropriate writ, order or directions in the nature of mandamus directing the respondents to pay compensation of Rs.50,00,000/- on account of untimely death of deceased Nayasha Dalal at the age of 05 years due to electrocution. 2.

Learned counsel appearing on behalf of the petitioner contends that that the deceased Nayasha Dalal was sitting on a chair on the second floor where she came in contact with the electric current on account of the open electrical wiring. It is pointed out that complaint in this regard was duly submitted to the concerned authorities, however, no action has been taken on the same.

DINESH KUMAR 2024.08.31 10:17 I attest to the accuracy and integrity of this document at the bottom of left side

CWP-21490-2023 3.

Learned counsel appearing on behalf of respondents - DHBVNL contends that the incident is dated 20.11.2022 and that the policy dated 08.07.2019 notified by the respondents - DHBVNL relating to compensation to the victims for fatal/non-fatal accidents was then in force and that in the event of the petitioner submitting his claim before the competent authority as per the policy, the same shall be considered and an expeditious decision in terms of the above policy shall be taken thereupon. 4.

The aforesaid contention/offer is accepted by the counsel for the petitioner without prejudice to their rights. 5.

The present petition is thus disposed of with the consent of the respective parties and without prejudice to their respective rights and without commenting on the merits of their respective claims granting liberty to the petitioner to approach the respondent authorities for seeking disbursement of compensation in terms of applicable policy. 6.

Needless to mention that in the event of filing of such claim/representation by the petitioner before the competent authority as per the policy, the same shall be decided expeditiously by the competent authority preferably within a period of 04 months from the date of filing of the such claim/representation, after granting an opportunity of hearing to the respective parties.

7.

Accordingly, the present petition is disposed of. ( VINOD S. BHARDWAJ ) JUDGE 28.08.2024 dinesh 1.Whether speaking/reasoned?

Yes 2.Whether reportable?

Yes/No DINESH KUMAR 2024.08.31 10:17 I attest to the accuracy and integrity of this document at the bottom of left side