PVCHR filed case and order as follows:
Case Details of File Number: 31042/24/3/2013
Name of the Complainant: DR. LENIN, GENERAL SECRETARY
Name of the Victim: SHAHNAWAJ S/O WASHID ALI
Place of Incident: QUARSI
Date of Incident: 01/08/2013
This case pertains to death of a 10 years old boy due to electrocution on 31.07.2016. The complainant has alleged that the boy died due to negligence on the part of the Electricity Deptt. The Commission took cognizance of the matter on 16.09.2013 and directed to issue notice to the concerned authorities for a report within four weeks. Pursuant to the directions of the Commission, the Executive Engineer, Electricity Urban Distribution Division, Aligarh, submitted a report dated 20.11.2013. The report reveals that the accident in question occurred due to negligence of the officials of the Nagar Nigam, Aligarh, and therefore, they are liable to make payment of compensation instead of UPPCL. The report further states that Dy. Director, Electrical Safety, UP Aligarh, has also alleged that the concerned SDO of UPPCL was also responsible for the accident. The Executive Engineer, Dhakchinanchal Vidyut Vitran Nigam Ltd., Aligarh (DVVNL), has submitted report along with the report of Dy. Director, Electrical Safety, Aligarh, dated 13.09.2013. The report reveals that the accident took place due to negligence on the part of the officials of Nagar Nigam, Aligarh and also on the part of officials of DVVNL. These authorities have violated various provisions of Indian Electricity Act 1956/2005 and therefore, they are liable to make payment of compensation to the deceased boy. The Commission vide proceedings dated 10.06.2014 has directed that a notice u/s 18 of the Protection of Human Rights Act, 1993 be issued to the Chief Secretary, Govt. of UP, to show cause as to why Next–of-Kin of the deceased should not recommended compensation. The Commission vide its proceedings dated 23.03.2015 observed that the Municipal Corporation, Aligarh, vide report dated 08.08.2014 had contended that electric pole which was spilling electric current was to be maintained by the Dhakchinanchal Vidyut Vitran Nigam Ltd., Aligarh (DVVNL). Therefore, the DVVNL is responsible to pay compensation to the NOK of the deceased and not Municipal Corporation, Aligarh. Therefore, the Commission directed as under : - “Let the copy of the report of City Commissioner, Municipal Corporation, Aligarh be sent to Executive Engineer, Southern Electrical Distribution Corporation Limited, Hydle Guest House, Lal Diggi, Aligarh, along with annexure to submit comments after obtaining further report from Electrical Inspector, which should be received in the Commission within six weeks” Pursuant to the directions of the Commission, Executive Engineer, DVVNL, Aligarh, submitted a report dated 11.01.2017. The report contended that the reply of the Commissioner, Municipal Corporation, Aligarh, was based on an enquiry conducted beyond jurisdiction of the authority. The Hon’ble Commission has failed to consider the true spirit of statutory provisions of Sec. 161 & 162 (2) of Electricity Act, 2003. Further, the Commission, has not adhered to the guidelines issued by Hon’ble Supreme Court of India in case of Bengal Immunity Co. Ltd. Versus State of Bihar – Air 1951 SC 661, SCUI, before passing aforesaid orders. Further they have stated that there were following grounds on which the order dated 15.1.2016 is liable to be set aside: A. Because the Deputy Director Electrical Safety inquired the matter, in question under the power conferred u/s 161 of Electricity Act, 2003 andsubmitted the report which was furnished by the respondent before this Commission and the same was considered by this Hon’ble Commission. B. Because the report of Deputy Director Electrical Safety, have force of law. C. Because the decision of Deputy Director, Electricity Safety can only be challenged under the appeal as prescribed u/s 162(2) of Electricity Act, 2003. D. Because the inquiry report submitted by the Nagar Ayukt, Nagar Nigam, Aligarh is prepared with absolute violation of section 161 of Electricity Act, 2003 and had not any force of law. E. Because the report of Nagar Ayukt, Nagar Nigam, Aligarh, cannot be treated as decision of appeal, as prescribed u/s 162(2) of Electricity Act, 2003. The Commission perused the record and observed that the DVVNL, Aligarh, vide its report dated 11.1.2017 has pleaded that the Commission should go by strict interpretation of the laws. The Commission feels it pertinent to mention here that it discharges its functions under the provisions of Protection of Human Rights Act, 1993. The Commission is not a Court deciding criminal cases where the crime has to be proved beyond doubt. In cases of human rights violations, the Commission considers prima facie the evidences of violation of human rights. In this case the Deputy Director, Electrical Safety, Aligarh vide his order dated 13.9.2013 has categorically held that a 10 year old boy died of electrocution due to negligence on the part of the officials of Nagar Nigam, Aligarh and as well as officials of DVVNL. He has also observed in his above stated order that the authorities of Nagar Nigam, Aligarh and DVVNL failed to adhere to the safety measures provided in the Indian Electricity Act and rules thereto. The report of the Deputy Director, Electrical Safety, Aligarh has stated that the Nagar Nagam, Aligarh failed to maintain the infrastructure for street light as per the Indian Electricity Rules, 1956/2005 (Rule 29) hence Shri Gopal Babu Sharma, Light Supervisor, Shri Mahendrapal Singh, Light Supervisor, Shri Vipin Kumar (contractual worker), Shri Tulsi Lineman (contractual worker) and Shri Pankaj Saini, Petrolman (contractual worker) were responsible for the same. It further states that the DVVNL, Aligarh had not fixed licked switch fuse on the primary and secondary side of the transformer. The neutral point/body of the transformer was not found earthed as per the safety rules and there was no fencing around the transformer. The LT line was merely 4 meter above the ground level, no earthed wire was found in the LT/HT line and there was no safety measures in place in case of breaking of the conductors of 11 KV line. Therefore, the maintenance staff Shri Anil Kumar Sharma, Avar Abhiyanta and Shri Avid @ Bhura, Petrolman (contractual employee) were responsible for the same. In view of above, the Commission is of the considered view that negligence on the part of both the Nagar Nigam, Aligarh and DVVNL, the public authorities has resulted in death of a 10-year-old boy and therefore the Commission recommends u/s 18(a)(i) of the Protection of Human Rights Act, 1993, a sum of Rs. 1,00,000/- (Rupees One Lakh only) to be paid to the next of kin of the deceased boy Shahnawaj. Chief Secretary, Govt. of UP, be asked to submit compliance report along with proof of payment within six weeks.
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