86 1 44 1 0 0 INTl HIGH COURT OF PUNJAB HARYANA AT CHANDIGARH 0 CWP No 8347of2009 008M DateofDecisionl 98 2 010 Luxmi Devi andothers Petitioners Versus StateofHaryana and others CORAM HONBLE MRJUSTICE PERNlOD KOHLI Present1 Mr Pankaj Midha Advocatefor the 1 Mr RS Kundu Addl AG Hwyanafor nol 0 Mr ParveenGuptaAdvocatefor Mr NarenderHooda Advocatefor no2 to 6 4 tltrB I PERMOD KOHLIJ ORALI Z Thispetition has beenfiled bythewidow andtwo sons of one 2 Ranbir SinghSaini whose death was causeddue to electrocutionfor DeceasedRanbirSinghwasmoving on his motor cycleon oI NarwanaRoad Jind Near DurgaMata Mandir Narwana Road a 11000 volt main supplyline broke and fell on the motor cycle The aa7 Z deceasedfell fromthemotor cycleon the roadandhe was electricuted Il is statedthat one DharmavirSinghwitnesstoothemishapinformedthebrother of the deceased who reached Oll spotand the deceasedwas takeil to hospital where he was declareddcad A DDR No 22 dated152008 was 4J The was also infonnedabout the incidcnt Postmortemof the deceasedwas conducted Copiesof the postmortem reportanddeathcertificateare placed on record as Annexures I23 In the reporthedoctor hasrecordedhis opinion as under Pooja 2014.03.26 15:12 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:55 I attest to the accuracy and integrity of this document 87 0 CWP No 8347 of2009 08NO e2 0 VI REMARKS BY MEDICAL OFFICER In my opinionthe cause of deathin this case is dueto cardioe arrest as a result ofelectric shockwhich is anlimortemin nature andis sufficientto cause deathin normal course ofnature The in thewritten statement flled beforethisCourt while the occurrence theirliability on theground thatthe deceasedwas Whichresultedin his electrocution In so far the cause of electrocutionis concernedit is admitted 0 case that 11000voltage feedergotbrokendown dueto fall of a Shisham I tree branch on the 11 KV line duringwind storm theconductors It is however statedthat oftlcials of the Nigamrejoinedthe broken I conductorsafter removing the treeali 305hrs lt is also statedthatwhile Z the offlcialslstaffof the Nigamwere back after renjoining the brokenconductor theywere informedthat a personridingon the motor I cycleslipped away whilepassing over the brokenwire andfell downon the 021 road sideand takento the hospitalThe incidentwas howeverattributable 4r to thenegligence ofthe deceased Z Learned counsel for the submitsthatthepetitioiler cannot claim underthe writ jurisdiction of this Court This however stands settled by the Honble ApexCourt in case reported as 2000 29SCC 465 titled as ChairmanRailwayBoard Vs ChandrimaDas wherein the Honble Supreine Court upheldtherightof a i rapevictim to claim fromtheRailwayswhose had rapedthe victim in a Rail Yatri Niwas thepublicrightof sucha personobservedas underl Pooja 2014.03.26 15:12 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:55 I attest to the accuracy and integrity of this document 88 J 1 C3 CWP No 8347 of2009 08 3a 0 44 1 Havingregardto what has been stated above the contentionthat Smt HanuffaKhatoonshould have the civil court for and the mattershould not havebeen consideredin a petition under Article 226 of the Constitution cannol be Where publicfunctionariesare involvedand the matter relatesto the violationof fundamentalrights or theenforcementof publicduties the remedy would still be availableunderthepubliclaw thata suit could be m C filed for underprivate law 0 The othercontentionof the that there is no mode t I and methodfor the in such a case unlessthe on thepartofthe Nigamis established As regards theliabilityof the Nigamfor ln case Z ofelectrocution is concernedtheHonble Supreme Coun in MR Electricity 04 Board Vs Shail Kumari 2002 l9 RCR 1minal 433 hasheld that the Electricity Board is liable to pay even when there lS 00 021 on itspart V7 As regards the determinationand assessment of Z is concerned an Honb1eDivision Bench ofthis Court in a case as m 2008 41RCR Civil 772 has andapplied theparameters ofMotor Vehicle Act The petitioners in para 20f the writ petition mentioned the income of the deceasedat Rs 200001 per month It is statedthat he was doingthe businesslwork onjoborder basisat hoine and 1 wasalsodealing in propertybusiness Averments made have been simplydenied for want of knowledge in thewritten statement filed Denial for want of knowledge 1S no denial in the eyesof law It was upon thepetitioners to have Pooja 2014.03.26 15:12 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:55 I attest to the accuracy and integrity of this document 89 0 CWP No 8347of2009 0cvO 4 1 placed on record some evidencein supportof the income of the deceased No such material hasbeenplaced on record howeverthat does not prevent the Court from and the on thebasisof the materialon record The ageof the deceasedis mentionedas 45 yearsat thetimeofdeath Even if theincomeofthe deceasedistakento be 113 of whatpetitioners have claimed1e Rs 65001per month the canbeworkedout in thefollowing manner1 m Annualincomeofthe deceased 6500 x 12 780001 0 Byapplyingmultiplier of 12 78000 x 12 9360001 The of the can be worked out by I reducing at least 113 mcome for of deceasedwhich I comes to Rs 3120001 Thus the is worked out to be Rs Z 9360001 e 31 20001 Rs 6240001 The are entitledto 2 ofRs 6240001 The deathhas occurredon 152008 The I petitioners shall alsobeentitledto interest c 60Iofrom the dateof filif 021 this petitiontill the amount is actuallypaid Petition of W Z 1 Qe PERMOD KOHLIJ JUDGE 9e8e2010 lucky Q1 rJ C Pooja 2014.03.26 15:12 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:55 I attest to the accuracy and integrity of this document