India News | Death by Electrocution: Delhi HC Awards Rs 10L Ex Gratia Compensation to Wife of Deceased Cop
Get latest articles and stories on India at LatestLY. The Delhi High Court has directed BSES to pay Rs 10 lakh as ex gratia compensation to the wife of a police official who died of electrocution in 2017.
New Delhi, Sep 10 (PTI) The Delhi High Court has directed BSES to pay Rs 10 lakh as ex gratia compensation to the wife of a police official who died of electrocution in 2017.
The court said there was "insufficient evidence" to prove that negligence was directly and solely attributable to BSES at this stage but deemed it appropriate to "ameliorate" the petitioner's suffering following the tragic loss of her husband.
The petitioner, who is the wife of the victim, had sought Rs 50 lakh as compensation.
A sub-inspector since 1990 in Delhi Police (Traffic), the victim came in contact with a channel gate near a shop while protecting himself from rain and got electrocuted at New Lajpat Rai Market on May 21, 2017.
"Admittedly, the consumer shopkeeper is the main accused in the charge sheet and BSES has not been named. In the absence of any material evidence on record which definitively demonstrates a lapse on the part of BSES, the court cannot conclusively establish negligence on the part of BSES," said Justice Purushaindra Kumar Kaurav in the judgement passed on September 5.
"The court, in its discretion, deems it appropriate to grant an ex-gratia lump sum compensation of ?10,00,000/-, to be paid by BSES to the petitioner. This payment shall be made to the petitioner within three months from the date of passing of this judgment," it ordered.
Justice Kaurav observed that the record indicated that the "negligence", which led to the "leakage" of current, is attributable to an "outgoing wire", and prima facie, cannot solely be attributed to BSES at this stage and the position can only be established by the parties while leading evidence in a competent civil court.
The regulations and the provisions of the Electricity Act, the court added, also do not conclusively establish that it was only the DISCOM that had the sole and direct responsibility to prevent such a leakage.
"The death of the petitioner's husband was caused due to flowing of electricity current as a result of a leakage from an outgoing exposed wire of the shop meter, spreading over to the channel gate of the gali. The mere fact that there was a leakage from the said wire of the private-consumer/shopkeeper cannot allude culpability or any negligence on the part of BSES,"
"The petitioner is also at liberty to pursue appropriate legal remedies in the Civil Court. The competent Civil Court is directed to adjudicate the matter within a period of one year from the date of institution of any such suit," the court stated.
While awarding the ex gratia compensation, the court noted that the family of the deceased has been given around Rs 28 lakh in family pensionary benefits and is also receiving a monthly pension of about Rs 17,000.
The court said any failure to comply with the direction to pay the ex gratia compensation shall result in the petitioner being entitled for the payment of simple interest at the rate of 6 per cent per annum.
In the 34-page judgement, the court emphasised that human life is the edifice on which all the societal structures stand and, therefore, its preservation is a fundamental duty of the State as well as the moral imperative of the society.
"It is, therefore, significant that the State must be vigilant and committed in adapting myriad strategies to safeguard the most precious of all resources i.e., human life.
"Put otherwise, if the State is unable to adequately address the requisite safety of its citizens, the same would amount to dereliction of a paramount duty and consequential infraction of one's fundamental right to life," it observed.
"The loss of lives on account of State's haphazardness is not an individual loss, rather the same involves an element of larger public interest as it strikes at the root of the promise of safe and dignified living conditions to the citizens," said the court, as it ruled that monetary compensation can be awarded in cases of violation of Article 21 of the Constitution.
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