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.
#PVCHR #NHRC #Aligarh
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