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Synopsis

The Delhi High Court has recently awarded an ex gratia compensation of Rs 10,00,000 to the wife of a sub-inspector who tragically died from electrocution caused by the negligence of BSES Yamuna Power Limited. 

The bench led by Justice Purushaindra Kumar Kaurav, while directing the payment to be made within three months, said, ''Human life is considered to be an edifice on which all the societal structures stand, and therefore, preservation of the same is a fundamental duty of the state as well as the moral imperative of society.'' 

The court, in its order, noted that the man's death was a result of electric current leakage from an exposed wire connected to the shop meter, which spread to the channel gate of the Gali. 

Advocate Saeed Qadri, appearing for the petitioner's wife, urged a compensation amount of Rs 50 lakh and argued before the Court that BSES is responsible for ensuring all electric supply lines, wires, fittings, and apparatus are under its control and are maintained in a safe condition. 

In response, Advocate Manish Srivastava, standing counsel appearing for BSES, reiterated that without concrete evidence of negligence, the said company cannot be held liable. 

However, the bench in its order referred to the decision in the case of Satish Kumar v. BSES Yamuna Power Limited and Anr and held that the petitioner must have incurred considerable expenses both in the civil court as well as the criminal court. Therefore, considering the unique circumstances of the case, the bench directed BSES to pay an ex-gratia amount of Rs. 2,00,000/- to the petitioner. 

According to the status report filed by the Delhi Police, the bench further noted that the deceased's family had already received Rs. 27,96,496 in pensionary benefits and was also receiving a monthly pension of Rs. 17,150. 

While ruling that monetary compensation can be granted in cases where there is a violation of Article 21, the court held, "The loss of lives on account of the state's haphazardness is not an individual loss; rather, the same involves an element of larger public interest as it strikes at the root of the promise of safe and dignified living conditions to the citizens." 

Notably, on May 21, 2017, the deceased went to the cycle market to bring gifts for his youngest child. However, due to excessive rain, he came into contact with a metal gate near a shop and was fatally electrocuted. He was subsequently rushed to the hospital, where he was declared dead. 

The deceased Afzal Ali was a sub-inspector with the Delhi police since 1990; however, he tragically died due to electrocution in 2017. 

Case Title: Shagufta Ali v. Government of NCT of Delhi (2024:DHC:6855)