Rampal And Others v. State Of Haryana And Others

CWP No. 33896 of 2025 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.33896 of 2025 Date of Decision: 08.04.2026 Rampal and others ....Petitioners vs.

State of Haryana and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Ajay Chauhan, Advocate for the petitioners Mr. Akshit Pathania, AAG, Haryana Mr. Bhupender Singh, Advocate for respondents-DHBVNL *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioners through instant petition under Article 226/227 of the Constitution of India are seeking direction to respondents to pay them compensation on account of death of their family member by electrocution. 2.

Mr. Mohit Kumar on 08.05.2024 while going for some work from his fields came in contact with an electric pole which was not visible in the dark. He was taken to CHC Kairu from where he was referred to General Hospital, Bhiwani. He died on the way and was declared brought dead. A complaint in this regard was lodged with Police Station vide GDR No. 45 dated 09.05.2024.

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 PARAMJIT KAUR SAINI 2026.04.08 04:44 I attest to the accuracy and integrity of this document

CWP No. 33896 of 2025 -2fatal accident. Paragraph No.11 of the notification which creates strict liability of the Nigam reads as: - "11. Private Person for Fatal Accident & Non-Fatal 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 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."

4.

Learned counsel for the respondents submits that petitioners have not approached jurisdictional authorities. 5.

Learned counsel for the petitioners submits that a legal notice was served upon the respondents.

6.

Be that as it may, the petition stands disposed of with a direction to respondents to consider petitioners' claim as per applicable policy and pass an appropriate order within eight weeks from today. The present petition may be treated as representation of the petitioners. (JAGMOHAN BANSAL) JUDGE 08.04.2026 paramjit Whether speaking/reasoned: Yes Whether reportable:

No PARAMJIT KAUR SAINI 2026.04.08 04:44 I attest to the accuracy and integrity of this document