Chattisgarh High Court
Smt. Bimla Bai Verma vs State Of Chhattisgarh on 28 April, 2026
1
Digitally 2026:CGHC:19552
signed by
RUKHSAR
RUKHSAR BANO
BANO Date:
NAFR
2026.04.29
16:53:43
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 2786 of 2021
1 - Smt. Bimla Bai Verma Wd/o Dhiraji Ram Verma Aged About 51 Years R/o
Village- Banjguda, Post Dokrabhantha, Police Station - Chhuikhadan, District-
Rajnandgaon (Chhattisgarh) (Dependent On Victim / Late Shri Dhiraji Ram Verma),
... 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 Rajnandgaon, Civil And Revenue District Rajnandgaon
(Chhattisgarh).
3 - Chief Engineer (O. And M.) Circle Rajnandgaon, Chhattisgarh State Power
Distribution Company Limited, Rajnandgaon, District Rajnandgaon (Chhattisgarh).
4 - Junior Engineer (O. And M.) Chhattisgarh State Power Distribution Company
Limited, Atariya, District Rajnandgaon (Chhattisgarh).
5 - Chairman Chhattisgarh State Power Distribution Company Limited, Gudhiyari,
Raipur, District Raipur (Chhattisgarh).
6 - Superintendent Of Police Rajnandgaon, Civil And Revenue District Rajnandgaon
(Chhattisgarh).
7 - District Magistrate Rajnandgaon Civil And Revenue District Rajnandgaon
(Chhattisgarh).
8 - Station House Officer Police Station Chhuikhadan, Civil And Revenue District
Rajnandgaon (Chhattisgarh).
... Respondents
(Cause title, as taken from Case Information System) 2 For Petitioner : Mr. Punit Ruparel, Advocate For State/Respondent Nos.1, 2 & 6 to 8 : Mr. Ashutosh Shukla, Panel Lawyer For Respondent Nos.3 to 5 : Mr. Achyut Tiwari, Advocate.
(Hon'ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 28/04/2026
1. With the consent of the parties, the matter is heard finally.
2. This writ petition has been preferred by petitioner under Article 226/227 of the Constitution of India seeking following reliefs:-
"(i) That this Hon'ble Court may kindly be pleased to direct the respondent authorities (respondents 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 to 5 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 respondent Nos.3 to 5 submits that, in instant petition, the petitioner is seeking compensation to the tune of Rs.86 lakhs on account of death of her husband (deceased) due to electrocution, whereas the petitioner has already been provided an ex gratia amount of Rs.4 lakhs. He further submits that, in respect of the petitioner's claim for such huge amount, various disputed questions of fact are involved in the instant petition, and in order to prove the 3 negligence on the part of the Chhattisgarh State Power Distribution Company Ltd., the petitioner has to adduce evidence. He also submits that this issue is 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. At this stage, learned counsel for the petitioner seeks permission of this Court to withdraw this writ petition with liberty to file a duly constituted Civil Suit before the competent Civil Court.
5. Heard learned counsel for the parties and perused the material placed on the record.
6. 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.
7. Taking into consideration the facts of the case in hand and law laid down by the Hon'ble Division Bench of this Court in the aforesaid cases, without going into the merits of the case, the present writ petition is disposed of by granting liberty to the petitioner to file civil suit seeking compensation before the competent Civil Court. It is further observed that, in the event of filing such civil suit, the Court shall not 4 insist upon the issue of limitation in light of the pendency of the instant petition before this Court.
8. Accordingly, the present writ petition stands disposed of.
9. Pending interlocutory application(s), if any, also stands disposed of. No order as to cost(s).
Sd/-
(Naresh Kumar Chandravanshi) Judge Rukhsar