Chattisgarh High Court
Smt. Deepika Yadav vs State Of Chhattisgarh on 28 February, 2024
Neutral Citation
2024:CGHC:7000
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 2453 of 2018
Smt. Deepika Yadav Wd/o Sonu Yadav @ Bhujbal Yadav Aged About 28
Years R/o Kududand, Bilaspur, Police Station Civil Lines, Tahsil And District
Bilaspur, Chhattisgarh. (Dependent On Victim), District : Bilaspur, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Home Affairs
(Police), New Raipur Mantralaya, New Raipur, Civil And Revenue District
Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
2. The Collector Bilaspur, Civil And Revenue District Bilaspur, Chhattisgarh.,
District : Bilaspur, Chhattisgarh
3. Execution Engineer (O And M) Chhattisgarh State Power Distribution Company
Limited, Bilaspur, District Bilaspur, Chhattisgarh., District : Bilaspur,
Chhattisgarh
4. Chairman Chhattisgarh State Power Distribution Company Limited, Gudhiyari,
Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
5. Superintendent Of Police Bilaspur, Civil And Revenue District Bilaspur,
Chhattisgarh., District : Bilaspur, Chhattisgarh
6. District Magistrate Bilaspur Civil And Revenue District Bilaspur, Chhattisgarh.,
District : Bilaspur, Chhattisgarh
7. Station House Officer Police Station Civil Lines Civil And Revenue District
Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
---- Respondents
And WPC No. 2777 of 2021 Smt. Geeta Nirmalkar Wd/o Shri Heera Singh Nirmalkar Aged About 61 Years R/o Village Nagpura, Sahebpara, Police Station Pulgaon, District Durg Chhattisgarh (Dependent On Victim/ Shri Heera Singh Nirmalkar)
---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary Department Of Home Affairs (Police), New Raipur Mantralaya, New Raipur Civil And Revenue District Raipur Chhattisgarh
2. The Collector Durg Civil And Revenue District Durg Chhattisgarh
3. Assistant Engineer (O. And M.) Chhattisgarh State Power Distribution Company Limited Kohka, District Durg Chhattisgarh
4. Chairman Chhattisgarh State Power Distribution Company Limited, Gudhiyari, Raipur, District Raipur Chhattisgarh
5. Superintendent Of Police Durg, Civil And Revenue District Durg Chhattisgarh
6. District Magistrate Durg, Civil And Revenue District Durg Chhattisgarh
7. Station House Officer Police Station Supela, Civil And Revenue District Durg Chhattisgarh
---- Respondents (Cause Title taken from Case Information System) Neutral Citation 2024:CGHC:7000 2 For Petitioners : Mr. Punit Ruparel, Advocate For Respondents : Mr. Raja Sharma, Advocate and Mr. Anumeh Shrivastava, Advocate (through Video Conferencing) For State : Mr. Keshav Gupta, Government Advocate Hon'ble Mr. Justice Rakesh Mohan Pandey Order on Board 28.02.2024
1. The petitioner has filed this petition (WPC No.2453 of 2018) seeking the following relief(s):-
"(i) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities (respondent No. 3 and 4) to pay compensation in tune of Rs. 88 lacs (because granted Rs. 2 lacs as compensation)with 6% per annum interest for the loss of life of her husband due to electric burn and died ii. That, this Hon'ble Court may kindly be pleased to direct the respondent No. 3 and 4 to conduct enquiry and punish the negligent officer who not perform their duty according to law.
Iii. Any other relief, which this Hon'ble Court deems fit and proper, may also, kindly be granted to the petitioner in the interest of justice. iv. Cost of the petition may also be granted to the petitioner."
2. The petitioner has filed this petition (WPC No. 2777 of 2021) seeking the following relief(s):-
"(i) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities (respondent No. 3 & 4) to pay compensation in tune of Rs. 86 lacs (because granted Rs. 4 lacs as compensation) with 6% per annum interest for the loss of life of her husband due to electric burn and died.
ii. That, this Hon'ble Court may kindly be pleased to direct the respondent No. 3 & 4 to conduct enquiry and punish the negligent officer who not perform their duty according to law. Iii. Any other relief, which this Hon'ble Court deems fit and proper, may also, kindly be granted to the petitioner in the interest of justice. iv. Cost of the petition may also be granted to the petitioner."
3. Learned counsel for the respective respondents would submit that there are disputed questions of facts involved in the instant petitions and to prove the negligence on the part of the Chhattisgarh State Power Distribution Company Ltd., the petitioners have to adduce evidence. They would also submit that this issue is Neutral Citation 2024:CGHC:7000 3 not res-integra and the same has been decided by the Hon'ble Supreme Court in the matter of Chairman, Grid Corpn. of Orissa Ltd. (GRIDCO) V. Sukamani Das reported in (1999) 7 SCC 298, SDO, Grid Corp. of Orissa Ltd. v. Timudu Oram reported in (2005) 6 SCC 156 and the judgment of the Division Bench of the High Court of Allahabad rendered in Sarika Saini and Anr. Vs. State of U. P. and Others reported in 2023 SCC Online All 2607.
4. Learned counsel for respondents in WPC No. 2453 of 2018 would submit that the petitioners have not arrayed the mother and father of the deceased as party respondents and therefore, this petition is liable to be dismissed on account of non- joinder of the necessary party.
5. At this stage, learned counsel for the petitioners would submit that he seeks permission of this Court to withdraw these petitions with the liberty to file a duly constituted Civil Suit before the competent Civil Court.
6. Heard learned counsel for the parties and perused the material placed on the record.
7. It is pertinent to mention here that in the matters of Rameshwari & others Vs. Junior/Assistant Engineer & others [FA No. 151 of 2023, decided on 24.01.2024] and Chhattisgarh State Power Distribution Company Limited v. Smt. Hemlata Netam & others [FA No. 63/2021, decided on 27.01.2022], the Hon'ble Division Bench of this Court has categorically held that issue of limitation and the Court Fees would not come in the way of filing a civil suit.
8. Taking into consideration the facts of the case in hand and the law laid down by the Hon'ble Division Bench of this Court in the aforestated cases, the petitioners are permitted to file a Civil Suit before the competent Civil Court.
9. Accordingly, both the petitions are disposed of reserving liberty as stated above in favour of the petitioners.
Neutral Citation 2024:CGHC:7000 4
10. It is made clear that the petitioners would be at liberty to raise all available grounds and defence in the civil suit, which is to be filed before the competent civil court.
Sd/-
(Rakesh Mohan Pandey) Judge amita