C.W.P NO. 4346 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 4346 OF 2009 DECIDED ON : 20.03.2009 Ishwar Singh ...Petitioner versus State of Haryana and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Namit Sharma, Advocate, for the petitioner. SURYA KANT, J. (ORAL) The petitioner seeks a mandamus to direct the respondents to pay compensation to the tune of Rs.4 lacs for the unfortunate and untimely death of his wife Smt. Kunti due to electrocution. It is averred that the petitioner belongs to a poor section of the society and is an agricultural labourer. On 28.06.2008, his wife Smt. Kunti along with his daughter Seema, as well as some other residents of the village had gone to the agricultural fields of one Dhan Singh for plantation of Paddy. When the petitioner's wife and his daughter went to the adjoining fields to fetch the Paddy which was to be sown, suddenly a live electricity wire of 100 KV metre fell upon his wife and when his daughter Seema tried to save her mother, she also got electric C.W.P NO. 4346 OF 2009 -2- current. Both of them were rushed to General Hospital, Panipat. However, Smt. Kunti died on the way whereas his daughter was got admitted in the hospital in a serious condition. The matter was reported to the police and DDR No. 14 dated 28.06.2008 was got recorded. The police got conducted the post mortem on the body of the deceased on 28.06.2008 at General Hospital, Panipat and as per the post mortem report, the cause of death was cardio-respiratory arrest due to electric current which was anti mortem in nature and sufficient to cause death in ordinary course of life. It is petitioner's case that there is a policy decision taken by the respondent-Corporation in terms whereof the dependent/family members of the person who is electrocuted, are entitled to be suitably compensated. On this premise, the petitioner seeks compensation of Rs.4 lacs. Having heard learned counsel for the petitioner and considering the totality of circumstances and the fact that prima facie the petitioner has made out a case for grant of compensation and the respondents are sitting tight over the matter for no reason, whatsoever, I deem it appropriate to dispose of this writ petition with a direction to respondents No.2 to 4 to take cognizance of the legal notice dated 06.10.2008 (Annexure P-5) served on behalf of the petitioner and dispose of the same by passing a reasoned order within a period of two months from the receipt of certified copy of this order. C.W.P NO. 4346 OF 2009 -3- Needless to say that if the petitioner or his family is held entitled to any amount of compensation, the same shall be released forthwith. Disposed of. Let a copy of this order be given dasti on payment of usual charges. MARCH 20, 2009 (SURYA KANT) shalini JUDGE