CWP-11547-2023 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA 102+229 Ram Avtar Uttar Haryana Bijli CORAM: HON Present: - Mr. Mr. Mr. Vivek Saini, Advocate, for respondents No.1 None for respondent No.4/Municipal Corporation, Ambala. *** JAGMOHAN BANSAL, J 1. The the Constitution of India is seeking whereby respondent No. Haryana, has rejected daughter. 2. As per petition, petitioner’s daughter near her house. Nearby, the contact with She was shifted to Civil Hospital, Ambala from where she was referred to PGIMER, Chand reported to the police 30.05.2020. 3 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Date of Decision: Versus Uttar Haryana Bijli Vitram Nigam Limited & others HON’BLE MR. JUSTICE JAGMOHAN BANSAL Mr. Sunil K. Tandon, Advocate, for the petitioner. Mr. Arnav Goel, Advocate, for Mr. Vivek Saini, Advocate, for respondents No.1 None for respondent No.4/Municipal Corporation, Ambala. *** JAGMOHAN BANSAL, J. (Oral) The petitioner through instant petition under Article 226 the Constitution of India is seeking setting aside of order dated whereby respondent No.2-Chief Engineer (Operation), UHBVN, rejected his claim for compensation on account of death of his As per petition, petitioner’s daughter . Nearby, repair/construction work was going on. She came in with 11 kV wire. Her hands and feet were completely scorched. shifted to Civil Hospital, Ambala from where she was referred to PGIMER, Chandigarh. She died in PGIMER, Chandigarh reported to the police. A news in this regard published IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-11547-2023 (O&M) Date of Decision: 21.04.2026 …Petitioner Vitram Nigam Limited & others …Respondents BLE MR. JUSTICE JAGMOHAN BANSAL Sunil K. Tandon, Advocate, for the petitioner. Mr. Vivek Saini, Advocate, for respondents No.1 to 3/UHBVN. None for respondent No.4/Municipal Corporation, Ambala. petitioner through instant petition under Article 226/227 of setting aside of order dated 10.05.2023 Chief Engineer (Operation), UHBVN, Panchkula, claim for compensation on account of death of his As per petition, petitioner’s daughter on 29.05.2020 was playing repair/construction work was going on. She came in wire. Her hands and feet were completely scorched. shifted to Civil Hospital, Ambala from where she was referred to igarh. She died in PGIMER, Chandigarh. The matter was published in local newspaper on of 10.05.2023 Panchkula, claim for compensation on account of death of his was playing repair/construction work was going on. She came in wire. Her hands and feet were completely scorched. shifted to Civil Hospital, Ambala from where she was referred to he matter was in local newspaper on VIMAL KUMAR 2026.04.21 17:37 I attest to the accuracy and integrity of this document CWP-11547-2023 (O&M) 3. The petitioner moved representation dated compensation from respondents No.1 to 3. adjudicated, thus, disposed of with a direction to herein to decide his claim within 4 months. Respondent No. order dated 10.05.2023 ha lapse on the part of the Municipal Corporation, Ambala as well as the Contractor engaged by the Corporation. Respondents No.1 to 3 that child died on account of fatal accident occurred with 11 Ltd. (for short ‘ 4. Learned counsel for the petitioner submits that 08.07.2019, UHBVN has strict liability impugned order is contrary to the said policy. 5. Learned counsel reiterated contents of controvert the fact that as per policy dated liability. 6. Heard the arguments and perused the record. 7. UHBVN and non fatal accidents which take place on account of high voltage wires laid down by UHBVN. As per paragraph No.11 of the said policy, there is strict liability of UHBVN. Paragraph No.11 of the policy which creates strict liability of UHBVN reads as: 3 (O&M) -2- The petitioner moved representation dated compensation from respondents No.1 to 3. adjudicated, thus, he preferred CWP-26884-2022 before this Cour disposed of with a direction to the competent authority i.e. to decide his claim within 4 months. Respondent No. order dated 10.05.2023 has rejected his claim on t lapse on the part of the Municipal Corporation, Ambala as well as the Contractor engaged by the Corporation. Respondents No.1 to 3 that child died on account of electrocution. It was also not disputed that the al accident occurred with 11 kV wire of Uttar Haryana Bijli Vitran Nigam (for short ‘UHBVN’). Learned counsel for the petitioner submits that 08.07.2019, UHBVN has strict liability in case of fatal accident, thus impugned order is contrary to the said policy. Learned counsel representing respondents No.1 to 3 reiterated contents of the impugned order, however, expressed his inability to controvert the fact that as per policy dated 08.07.2019, UHBVN has n Heard the arguments and perused the record. UHBVN has framed policy dated and non fatal accidents which take place on account of high voltage wires laid down by UHBVN. As per paragraph No.11 of the said policy, there is strict liability of UHBVN. Paragraph No.11 of the policy which creates strict ty of UHBVN reads as:- The petitioner moved representation dated 12.07.2021 seeking The representation was not 2022 before this Court which was the competent authority i.e. respondent No.2 to decide his claim within 4 months. Respondent No.2 by impugned rejected his claim on the ground that there was lapse on the part of the Municipal Corporation, Ambala as well as the Contractor engaged by the Corporation. Respondents No.1 to 3 did not dispute . It was also not disputed that the Uttar Haryana Bijli Vitran Nigam Learned counsel for the petitioner submits that as per policy dated in case of fatal accident, thus, respondents No.1 to 3-UHBVN order, however, expressed his inability to 08.07.2019, UHBVN has no fault Heard the arguments and perused the record. framed policy dated 08.07.2019 with respect to fatal and non fatal accidents which take place on account of high voltage wires laid down by UHBVN. As per paragraph No.11 of the said policy, there is strict liability of UHBVN. Paragraph No.11 of the policy which creates strict seeking The representation was not which was 2 by impugned he ground that there was lapse on the part of the Municipal Corporation, Ambala as well as the did not dispute . It was also not disputed that the Uttar Haryana Bijli Vitran Nigam as per policy dated , UHBVN order, however, expressed his inability to o fault with respect to fatal and non fatal accidents which take place on account of high voltage wires laid down by UHBVN. As per paragraph No.11 of the said policy, there is strict liability of UHBVN. Paragraph No.11 of the policy which creates strict VIMAL KUMAR 2026.04.21 17:37 I attest to the accuracy and integrity of this document CWP-11547-2023 (O&M) “11. engaged in the hazardous activity and risky for the human life and thus UHBVN owns strict liability for compensation to the private person. Accordingly, the compen of fatal as well as non accident as the electricity system is open to the public. The compensation amount shall be payable as per provision of the Emp Act, 1923. However, this compensation shall be applicable for the accident cases occurring with the electrical network of the UHBVN and not in private premises.” 8. UHBVN has not disputed that child was electrocuted and fatal accident took place with policy, respondents No.1 to 3 UHBVN cannot deflect from its liability on the the part of respondent No.4 initiate proceedings including recovery against the Municipal Corporation, however, carries 9. In the backdrop, the writ petition is allowed. The impugned order dated 10.05.2023 is determine the amount of of 4 weeks from today 10. Pending application 21.04.2026 Vimal Whether speaking/reasoned Whether reportable 3 (O&M) -3- 11. Private Person for Fatal Accident & Non engaged in the hazardous activity and risky for the human life and thus UHBVN 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 Emp Act, 1923. However, this compensation shall be applicable for the accident cases occurring with the electrical network of the UHBVN and not in private premises.” UHBVN has not disputed that child was electrocuted and fatal accident took place with its 11 kV wire. In view of aforesaid paragraph of the policy, respondents No.1 to 3-UHBVN are UHBVN cannot deflect from its liability on the respondent No.4-Municipal Corporation, Ambala. initiate proceedings including recovery against the Municipal Corporation, es strict liability qua the petitioner. In the backdrop, the writ petition is allowed. The impugned order 10.05.2023 is hereby set aside. The respondent amount of compensation as per aforesaid policy within a period of 4 weeks from today and release to the petitioner Pending application(s), if any, also stands disposed of. Whether speaking/reasoned Yes/No Whether reportable Yes/No Private Person for Fatal Accident & Non-Fatal Accidents UHBVN is engaged in the hazardous activity and risky for the human life and thus UHBVN owns strict liability for compensation to the private person. sation to the private person shall be payable in case 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 UHBVN and not in private UHBVN has not disputed that child was electrocuted and fatal In view of aforesaid paragraph of the are liable to pay compensation. UHBVN cannot deflect from its liability on the ground that there was lapse on Municipal Corporation, Ambala. UHBVN may initiate proceedings including recovery against the Municipal Corporation, the petitioner. In the backdrop, the writ petition is allowed. The impugned order respondent is hereby directed to compensation as per aforesaid policy within a period the petitioner. , if any, also stands disposed of. (JAGMOHAN BANSAL) JUDGE Yes/No Yes/No Fatal Accidents UHBVN is engaged in the hazardous activity and risky for the human life and thus UHBVN owns strict liability for compensation to the private person. sation to the private person shall be payable in case fatal accident irrespective of the reasons for such accident as the electricity system is open to the public. The compensation loyees Compensation Act, 1923. However, this compensation shall be applicable for the accident cases occurring with the electrical network of the UHBVN and not in private UHBVN has not disputed that child was electrocuted and fatal In view of aforesaid paragraph of the liable to pay compensation. ground that there was lapse on UHBVN may initiate proceedings including recovery against the Municipal Corporation, In the backdrop, the writ petition is allowed. The impugned order directed to compensation as per aforesaid policy within a period (JAGMOHAN BANSAL) VIMAL KUMAR 2026.04.21 17:37 I attest to the accuracy and integrity of this document