Ramesh Kumar And Another v. State Of Haryana And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH **** Date of Decision: 16.04.2026 RAMESH KUMAR AND ANOTHER
...Petitioners
Vs.
STATE OF HARYANA AND ORS.
...Respondents
CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. Rahul Singla, Advocate for the petitioners Mr. Deepak Vashisht, DAG Haryana Mr. Ravish Kaushik, Advocate for respondent-UHBVN *** JAGMOHAN BANSAL, J. (ORAL) 1.
The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking direction to respondents to pay them compensation on account of death of their son by electrocution.
2.
On 11.09.2025, the following order was passed by this Court:- "Counsel for the petitioners submits that Rahul Sharma, aged 18 years, who is son of the petitioners, died due to electrocution when he came in contact with loose wires and a DDR No.16 dated 17.09.2023, Annexure P-1, was registered. Reliance has been placed by him upon post mortem report, Annexure P-3, to assert that cause of death was electrocution. He states that Uttar Haryana Bijli
-2Vitran Nigam (UHBVN) has framed a policy for grant of compensation in cases of fatal/non-fatal accidents of human beings due to electrocution, Annexure P-4, and petitioner No.1 has submitted a representation, Annexure P-5, which has been dispatched by speed post, but no action has been taken thereon. Counsel submits that representation, Annexure P-5, although it does not specifically refer to the policy, Annexure P-4, may be treated to have been submitted under the policy. Issue notice of motion to the respondents.
On asking of the Court, Mr. Deepak Vashisth, DAG, Haryana, on behalf of respondent No.1 and Mr. Ravish Kaushik, Addl. A.G., Haryana, on behalf of respondents No.2 to 7, accept notice. They request for deferment to get instructions qua representation, Annexure P-5. List on 16.10.2025"
3.
The petitioners claim that as per notification dated 08.07.2019, there is strict liability of Uttar Haryana Bijli Vitran Nigam Limited (for short 'UHBVN') in case of fatal accident. Paragraph No.11 of the notification which creates strict liability of UHBVN reads as:- "11. Private Person for Fatal Accident & Non-Fatal Accidents UHBVN is engaged in the hazardous activity and risky for the human life and thus UHBVN 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 non-fatal 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 UHBVN and not in private premises."
-34.
Learned counsel for the respondent-UBHVN assures the Court that competent authority would consider petitioner's claim and an appropriate order would be passed as per policy dated 08.07.2019 within a period of six weeks from today.
5.
Learned counsel for the petitioner agrees to the aforesaid arrangement.
6.
In the wake of statement of both sides, the instant petition stands disposed of.
7.
Pending application(s), if any, stands disposed of. (JAGMOHAN BANSAL) JUDGE April 16, 2026 Deepak DPA Whether Speaking/reasoned Yes/No Whether Reportable Yes/No