Bharat Ahirwar v. Dakshin Haryana Bijli Vitran Nigam Limited And Others
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The site was visited by SDO (OP) The site was visited by SDO (OP) sub division DHBVN Bhora Kalan on sub division DHBVN Bhora Kalan on dated 23.07.2021 at 9.30 AM & found dated 23.07.2021 at 9.30 AM & found that un)authorized construction was that un)authorized construction was running under HT line of 11 KV Bhora running under HT line of 11 KV Bhora Kalan AP feeder line by Sh. Ashok Kalan AP feeder line by Sh. Ashok Kumar S/o Sh. Bhawner Singh. Both Kumar Sio Sh. Bhawner Singh. Both workers Smt. Sandhya w/o Sh. Sunil workers Smt. Sandhya w/o Sh. Sunil resident of District Sagar (MP) and resident of District Sagar (MP) and Smt. Sandhya w/o Sh. Bharat Ahirwar Smt. Sandhya w/o Sh. Bharat Ahirwar Disstt. Sagar Madhya Pardesh was Distt.
Sagar Madhya Pardesh was working over the roof where line was working over the roof where the line passing nearby. The HT line was about was passing nearby. The HT line was 22 feet from the ground level and was/is about 22 feet from the ground level and at adequate height and accurate was/is at adequate height and accurate conditions. That Boombo, Pillars were conditions. That Bamboo, Pillars were installed in the nearby plot of Sh.
installed in the nearby plot of Sh.
Gajraj Chauhan for construction and Gajraj Chauhan for construction and plastering over the back side wall of plastering over the back side wall of under construction house. When both under construction house. When both workers were trying to hand the cement workers were trying to hand the cement mix/moter in the pan from top of roof to mix/motor in the pan from top of roof to her fellow workers who were working in her fellow workers who were working in the back side of plot got electrocuted. A the back side of plot got electrocuted. A notice to remove the unauthorized notice to remove the unauthorized constructions was also issued by SDO constructions was also issued by SDO (OP) Sub division DHBVN Bhora Kalan (OP) Sub division DHBVN Bhora Kalan vide his office memo no. 1038 dated vide his office memo no.1038 dated 05.07.2021 to Sh. Ashok Kumar S/o Sh.
05.07.2021 to Sh. Ashok Kumar S/o Sh.
Bhanwar Singh to remove the Bhanwar Singh to remove the unauthorized construction's structure unauthorized construction's structure but he refused to take it. However, the but he refused to take it. However, the
-4copy of notice was forwarded to copy of notice was forwarded to concerned authorities ie SDM Civil concerned authorities i.e. SDM Civil Pataudi and SHO Bilashpur for taking Pataudi and SHO Bilaspur for taking necessary action against the owner of necessary action against the owner of building. Copy of notice and site building.
photographs are attached.
Keeping, in view of the facts Keeping, in view of the facts explained above, it is clear that there is explained above it is clear that there is no negligence on the part of the Nigam no negligency on the part of the Nigam because the electricity line was/is in because the electricity line was/is in proper conditions at the time of said proper conditions at the time of said incident. As per DHBVN notification incident. That the owner of the said No.
17/SE/Admn/REG)15 dated house is alone responsible for this 15.07.2019, private persons are also accident because he has violated the awarded compensation as per formula terms and conditions of Electricity Act applicable to its regular employees in 2003 as well as indian Electricity Rules case the Nigam owns its negligence, but 1956.
in the instant fatal accident case of 2 no private persons. the owner of the said The Chief Engineer (OP) house is alone responsible for this DHBVN Delhi, it has been decided to accident because he has violated the close the case without compensation terms and conditions of Electricity Act vide his office order no. 59 dated 2003 as well as Indian Electricity Rules 25.11.2021 after legal advice received 1956.
from LR HPU HVPNL Panchkula.
As per section 161 of Electricity Therefore, claim of the Act 2003, if any accident occur with the petitioners are not feasible of transmission, generation, distribution acceptance and the same is rejected as supply or use of electricity, the chief there is no fault/negligancy on the part electricity inspector or electrical of the Nigam and the Nigam is nowhere inspector appointed by the appropriate responsible for this accident. Hence authority to holds an inquiry and report (DHBVN) cannot make liable to pay with respect to cause of accident and any compensation. That the electricity also responsibility. In the present wire/cable is properly maintained by matter as per CEI report the owner of the DHBVN.
There is no any
-5deficiency/negligency from DHBVN the house has been held responsible for side.
the aforesaid accident.
That after, due considering the facts and circumstances of the case read with Section 1A of Fatal Accident Act, 1855, it is clear that accident occurred due to negligence of owner of the house and no wrongful act or any negligence can be attributed to Nigam.
Therefore, the claim of the petitioner is not feasible of acceptance.
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"# Keeping in view of above and hearing through Whtsapp video call with complainant, it is decided that the claim of the petitioners are not feasible of acceptance and the same is rejected as there is no fault/negligence on the part of the Nigam and the. Nigam is nowhere responsible for this accident. Hence (DHBVN) Nigam is nowhere responsible for this accident and hence, DHBVN cannot made liable to pay any compensation as horizontal/vertical distance of the lines as per Rule 60 & 61 of Central Electricity Authority Rules, 2010 was properly maintained:
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( ( !" "1. Dakshin Haryana Bijli Virtan Nigam (hereinafter called DHBVN) is engaged in activities which are hazardous and risky to human life. Presently, DHBVN pays compensation to its employees under Employees Compensation Act 1923. Similarly, private persons are also awarded compensation as per formula applicable to its regular employees in case the Nigam owns its negligence.
2.
It has been noticed that there are certain discrepancies as well as inadequacy in the compensation presently being paid for the fatal as well as non)fatal accidents of human beings due to electrocution. Under such circumstances, the Nigam should compensate for the damage caused to human life due to electrocution, irrespective of any carelessness or fault on its part or on the part of employees of the Nigam.
Xx xxx xxx xxx xxx xxx xxx xxx xxx 4.
The compensation allowed under these instructions is over and above the benefits otherwise admissible to the concerned categories as per the terms of employment/contract/ applicable law @
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!"# The affected victims covered under the policy are categorized as under:) I. Regular employees of the Nigam.
Π. Contractual workers (Direct ) Part Time and Full Time).
-8III. Contractual workers (Part Time and Full Time through contractors) IV. Private Persons...
(a) Adults.
b) Children.
V. Workmen engaged by contractor on Nigam's works.
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%! 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 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 DHBVN and not in private premises.
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