Saturday, April 19, 2025

NHRC Calls for Compensation Report in Case of Truck Driver's Electrocution in Jaunpur (Case No. 4522/24/39/2024)

 

The National Human Rights Commission (NHRC) has issued critical directives in connection with a tragic incident in which Abdul Kalam, a 30-year-old truck driver, lost his life due to electrocution in Jaunpur, Uttar Pradesh. The incident occurred on December 24, 2023, when the truck he was driving came into contact with a low-hanging high-tension electricity wire at Village Kuravan, Sujanpur.

Incident Summary

According to the complaint filed by Lenin Raghuvanshi, the truck caught fire instantly upon contact with the overhead wire, leaving no opportunity for the driver to escape. The charred body of the driver was recovered by the police, and initial legal proceedings were initiated. The complaint called for an impartial investigation and just compensation for the bereaved family.

NHRC’s Consideration and Investigation Reports

Upon deliberation on April 17, 2025, the NHRC reviewed reports from multiple authorities, including the MD of Uttar Pradesh Power Corporation Ltd. (UPPCL), the Directorate of Electrical Safety, and the Energy Department of Uttar Pradesh.

Key findings include:

  • Location of Incident: Village Nurawa, Sujan Ganj Block, Tehsil Machlishahr, Jaunpur.

  • Truck Ownership: Star Road Lines, Mewa Lal Bagiya, Naini, Prayagraj.

  • Driver Details: Abdul Kalam, resident of Varanasi district.

  • Cause of Accident: The extended iron angle affixed to the top of the truck came in contact with the live overhead wire, breaking it and electrocuting the truck.

Though the wire's height reportedly complied with prescribed standards, the truck exceeded permissible height limits. Post-incident, the height of the wire was increased to 6.5 meters.

The Directorate of Electrical Safety concluded there was no negligence on part of the DISCOM, and that the fatal accident was due to violation of the Indian Electricity Rules by the truck operator.

NHRC's Observations and Directives

Despite findings absolving the electricity department, the NHRC highlighted:

  • Negligence on part of the truck owner for using a vehicle with illegal, non-standard modifications.

  • Liability of the employer, Star Road Lines, for compensating the family of Abdul Kalam, who died in the course of employment.

Accordingly, the NHRC has directed the Labour Commissioner, Uttar Pradesh, to:

Investigate and submit a detailed report on whether any compensation has been paid by the employer to the next of kin (NOK) of the deceased driver.

Furthermore, the Commission noted missing information regarding:

  • Whether a post-mortem was conducted.

  • Details of Unnatural Death (UD) case registration.

To address this, the Superintendent of Police, Jaunpur, has been asked to submit a comprehensive action taken report within six weeks.

Next Steps

The NHRC has requested all concerned departments to submit their additional/complete reports by June 8, 2025 through the HRCNet portal. The Commission emphasized that reports sent via email may not be entertained and should follow the official protocol.

This directive reflects NHRC's continued commitment to ensuring accountability and justice, especially in cases where vulnerable workers lose their lives due to systemic negligence and workplace safety violations.

#HumanRights #NHRC #Jaunpur #AbdulKalam #TruckDriverRights #LabourJustice #ElectrocutionDeath #WorkplaceSafety

Case No.- 4522/24/39/2024
NATIONAL HUMAN RIGHTS COMMISSION
(LAW DIVISION)
* * *
MANAV ADHIKAR BHAWAN, BLOCK-C,
G.P.O. COMPLEX, INA, NEW DELHI- 110023
Fax No.: 011-24651332    Website: www.nhrc.nic.in

Date : 17/04/2025  
To,
THE LABOUR COMMISSIONER
Sarvodaya Nagar, Kanpur, Uttar Pradesh, Pincode - 208001
UTTAR PRADESH UTTAR PRADESH
226001
Email- lcup@uplabourdeptt.com,labourcom@nic.in

THE SUPERINTENDENT OF POLICE
SP Office, Collectorate Complex, Jaunpur, Uttar Pradesh
JAUNPUR UTTAR PRADESH
222002
Email- spjnr-up@nic.in

 
Sub : Complaint/Intimation from

LENIN RAGHUVNASHI
SA4/2A DAULATPUR VARANASI
VARANASI , UTTAR PRADESH
221002
Email- pvchr.adv@gmail.com , Mob No- 9935599331

 
Subject: Additional Information Called for(AIC) -4522/24/39/2024.
 
Sir/Madam,
 
         I am directed to say that the matter was considered by the Commission on 17/04/2025 and the Commission has directed as follows.:
         

The complainant, while referring a newspaper link, has alleged that a truck driver named Kalam burnt alive on 24.12.2023 due to electrocution when his vehicle came into contact of a low hanging HT electricity wire at village Kuravan, Sujanpur, Jaunpur, Uttar Pradesh. As per the complaint, the fire engulfed the truck rapidly, leaving him with no chance to escape. The Police removed the dead body from the truck and initiated the legal action. The complainant has sought impartial investigation of the matter to ensure justice to the victim family.

Pursuant to directions above a report dtd 06.07.2024 was received from MD, UPPCL, HQ, Lucknow along with the annexed enquiry report of Dy, Director, Varanasi Region, Directorate of Electrical Safety, U.P. As per the enquiry report:

i. the fatal electrocution incident occurred on dtd 24.12.2023 at 10:55 HRS at Village: Nurawa, Block Sujan Ganj, Tehsil: Machlishahr, Jaunpur.
ii. the disputed burnt truck was owned by Star Road Lines, Mewa Lal Bagiya, Naini Prayagraj U.P.
iii. Truck was being driven by its driver namely Abdul Kalam (aged 30 ys) s/o Mohd Yasin r/o village Khalispur Prahladpur Barwa, PO: Katauwa, Tehsil Pindra, PS Sindhaura, Varanasi district U.P
iv. While passing through the chak road the fixed iron angle on upper portion of the truck got stuck with the live wire and as the truck moved ahead, wire broke and fell over the body of the truck, thereby charging it and the driver failed to come out of the truck and got electrocuted and burnt along with the truck.
v. The distance of the live wire from the road was found to be as per the prescribed standard (NO DETAILS GIVEN). But after the incident, the height of the wire was further increased up to 6.5 metres above the ground surface.
vi. The height of the truck was not as per the prescribed standards and exceeded the permissible limits.

Pursuant to further direction, the Dy. Secretary, Energy Dept Section – 3, vide communication dated 06.03.2025 submitted an additional report along with enquiry report of General Manager (Admn), UPPCL. It is submitted that enquiry conducted by Electrical Safety Directorate, RO, Varanasi concluded that there was no fault by the DISCOM and this fatal accident occurred due to careless driving of the over heighted truck beneath the line+ Violation of Rule no. 29 of The Indian Electricity Rules, 1956 + Rule No. 82A (2) of The Indian Electricity Rules, 1956. Requisite directions were issued under Rule 5(4) of The Indian Electricity Rules, 1956 to the concerned SDO to mend the defects found in DISCOM network during the enquiry. The enquiry conducted by the Directorate thus, found no negligence of the Electricity Dept and concluded that the owner of the disputed truck was responsible for this unfortunate death of the driver namely Abdul Kalam and compensation claim may be filed against the owner of the truck namely: Star Road Lines, Mewa Lal Bagiya, Naini, Prayagraj, U.P.

The Commission has considered the material placed on record. The Electrical Inspector, in its inquiry report u/s 161 of Electricity Act, has concluded that unfortunate death of the truck driver Lt. Abdul kalam cannot be attributed to any negligence of the Electricity Dept. The live transmission wire through which the truck caught fire was found to be erecting in accordance with the prescribed standards as per the Indian Electricity Rules, 1956.

The report revealed that the truck, the victim was driving was affixed with non-standard extended iron angle and other fixtures atop the truck body and that became the primary reason for tangling the live wire over head the passing truck. Though, there is negligence by the truck driver who ought to have taken the drive with caution but the owner of the truck company, of whose worker/employee, the deceased truck driver was, is liable to compensate for the death of his employed driver, who died during the course of his employment and out of result of illegal fixtures over the truck done by the owner of the truck. In view thereof, let directions be issued to the Labour Commissioner, Uttar Pradesh, to look into the matter of accidental death of truck driver: Abdul Kalam who was employed for work by the company namely: Star Road Lines, Mewa Lal Bagiya, Naini, Prayagraj, U.P. and submit report on the compensation, if any paid to the NOK of the deceased truck driver by the employer company.

Further, it is not clear whether post mortem examination was conducted or not as the report and also UD case registration? Therefore, let direction be issued to the Superintendent of Police, Jaunpur, Uttar Pradesh, to submit action taken report in the matter, within six weeks. 

 
2.     It is therefore, requested that the additional/complete report as directed by the Commission in the matter be sent latest by 08/06/2025, for futher consideration by the Commission.
 
3.     Any communication by public authorities in this matter may please be sent to the Commission through the HRCNet Portal (https://hrcnet.nic.in) by using id and password already provided to the public authorities (click Authority Login). Any Audio/ Video CDs/ pen drives etc. may be sent through Speed Post/ per bearer. The reports/ responses sent through email may not be entertained

Your’s faithfully
Sd/-
Mukesh
DEPUTY REGISTRAR (LAW)
M-5 Section
Ph. No. 011-2466323317

CC to
THE DIRECTOR GENERAL OF POLICE
POLICE HEADQUARTERS, 1, TILAK MARG, LUCKNOW- 226001, UTTAR PRADESH
UTTAR PRADESH
Email- dgp@up.nic.in

NHRC Calls for Compensation Report in Case of Truck Driver's Electrocution in Jaunpur (Case No. 4522/24/39/... by pvchr.india9214 on Scribd

NHRC Calls for Compensation Report in Case of Truck Driver's Electrocution in Jaunpur (Case No. 4522/24/39/... by pvchr.india9214 on Scribd

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