1 2025:CGHC:34531 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4188 of 2022 1 - Nageshar Dewar W/o Rajendra Dewar Aged About 37 Years R/o Dewar Para, Ward No. 15, Tilda, Newra, Raipur Tahsil Raipur, District : Raipur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Energy, Mahanadi Bhavan, Mantralaly , Naya Raipur, District : Raipur, Chhattisgarh 2 - Chhattisgarh State Power Distribution Company Limited Through Its Chairman - Cum - Managing Director, Danganiya Raipur, District : Raipur, Chhattisgarh 3 - Collector Raipur, District : Raipur, Chhattisgarh 4 - Executive Engineer Chhattisgarh State Power Distribution Company Limited, Tilda Newra,, District : Raipur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Sushobhit Singh, Advocate For Respondent/State For Respondent No. 2 : : Ms. Poorva Tiwari, Panel Lawyer Ms. Manubha Shankar on behalf of Mr. Harshwardhan Parganiha, Advocate Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 21/07/2025 1. By way of the present petition, the petitioner has prayed for the following reliefs: 2 “10.1 That, this Hon’ble Court may kindly be pleased to issue a suitable writ, order, direction and direct the respondent authorities to grant suitable compensation to the petitioner on account of the death of her minor son due to electrocution. 10.2 That, the Hon’ble Court may kindly be pleased to direct the respondent authorities may be directed to initiate appropriate remedial and corrective measures to prevent the recurrence of similar accidents in future. 10.3 Any other relief/s which may deem fit and proper in the facts and circumstances of the case may also be allowed.” 2. Learned counsel for the petitioner submits that the petitioner is the grieving unfortunate mother of 6 years old minor boy named Kechuwa Dewar. On 22.08.2020 while the son of the petitioner was playing near Durga Mandir government depot he came in contact with the live electricity line which was hanging freely from the pole. The son of the petitioner died on spot due to electrocution and thereafter the police authority conducted a merg inquiry and the body was sent for post mortem. During the course of merg inquiry and police investigation it was found that the son of the petitioner died due to electrocution upon coming in contact with the live electricity wire managed by the respondent CSPDCL. It is submitted that the respondent CSPDCL was utterly negligent in the performance of their duties and the son of the 3 petitioner met with an untimely death only due to the negligence in the maintenance of the live electricity pole. The petitioner also preferred a written representation before the respondent authorities for grant of suitable compensation, however the same has not been granted to her. The petitioner relies upon judgment of this Hon’ble Court in the matter of Omprakash Sahu Vs. State, wherein this Hon’ble Court has held in a writ petition that under the strict liability principle the respondent stake authorities are liable to suitably compensate the victim of electrocution whether there is negligence or no negligence on the part of the respondents. The petitioner prefers this instant petition for appropriate relief for claiming compensation on account of the death of her 6 years old minor son. 3. Learned Counsel for respondent no. 2 submits that the petitioner’s claim is not substantiated by the documents, and clarification is necessary regarding the identity of the deceased and the applicant’s relationship with the deceased. The petitioner’s application for compensation has been inconsistent regarding the name of the deceased. However, no response has been received from the applicant to date. Furthermore the counsel for respondent no. 2 submits that the application is still incomplete due to the absence of necessary documents, including: (I) Affidavit (on Stamp Paper), (II) Proof of Identity (ID Card), (III) Application form in the prescribed format. Learned counsel for the petitioner in this regard submits that the petitioner has already filed the affidavit along with proof of identity and 4 application in the form of prescribed format. He further submits that respondent no. 2 has issued a letter dated 13.06.2025 to the petitioner whereby they have agreed to pay compensation to the petitioner. However, they have declare their intention that the quantum of compensation shall be disbursed strictly as per the order of this Court. 4. Therefore, looking to the facts and circumstances of the case, considering the age of the deceased and present inflation rate, interest of justice would be served if a lump-sum compensation of Rs. 4 lakhs is awarded to the petitioner. Accordingly, it is directed that respondent no. 2 shall pay the amount of Rs. 4 lakhs to the petitioner within a period of 45 days, failing which, the amount would carry further interest @ 7.5 % per annum from the date of incident till the date of realisation. 5. The present petition is allowed. Sd/- (Arvind Kumar Verma) JUDGE Madhurima