Delhi HC directs BSES to pay Rs 10L ex-gratia to widow of Sub Inspector

The Delhi High Court in a recent order has directed power discom BSES to pay an ex-gratia compensation of Rs. 10 Lakh to the widow of a Sub Inspector who died due to electrocution in 2017.

The petitioner's husband Afzal Ali died due to electrocution on May 21, 2017. His widow Shagufta Ali had sought compensation of Rs. 50 lakhs from the official respondents.

Justice Purushaindra Kumar Kaurav said the judgement, "In light of the benefits already extended to the petitioner, the Court, in its discretion, deems it appropriate to grant an ex-gratia lump sum compensation of Rs 10 Lakh, to be paid by BSES to the petitioner."

"This payment shall be made to the petitioner within three months from the date of passing of this judgment. Any failure to comply with the aforesaid direction shall result in the petitioner being entitled to payment of simple interest at the rate of 6 percent per annum, accruing from the date of this judgment," Justice Kaurav said in the judgement passed on September 5.

The petitioner herein has prayed for Rs 50 lakh to be paid as compensation.

The High Court noted that in accordance with the status report filed by Delhi Police, the deceased's family has already been given Rs. 27,96,496 in family pensionary benefits and is also receiving a monthly pension of Rs. 17,150 till May 21, 2027 and shall receive Rs. 10,290 thereafter.

The High Court said that the petitioner is also at liberty to pursue appropriate legalremedies in the Civil Court. The competent Civil Court is directed to adjudicate the matter within a period of one year from the date of institution of any such suit.

BSES is also directed to not cause any undue delay in the proceedings by seeking unwarranted adjournments, the bench said.

The bench further clarified that the ex-gratia amount awarded by this Court is independent of, and in addition to, any compensation that may be awarded by the Civil Court.

Advocate Saeed Qadri alongwith Sahil Gupta and Mohd. Shakil argued for the petitioner Shagufta Ali.

The facts of the case would exhibit that the husband of the petitioner, namely Afzal Ali was working as a Sub-Inspector since 1990 in Delhi Police (Traffic). The marriage of the petitioner with the deceased was solemnized in the year 1991 and three children were born out of the wedlock.

On the fateful day of May 21, 2017, when the deceased had gone to the cycle market to buy a gift for his youngest child, it started raining. He ran to find shelter and while endeavouring to protect himself from rain, he came in contact with a channel gate located near a Shop in New Lajpat Rai Market and got electrocuted. He was then taken to Aruna Asaf Ali Hospital, where, he was unfortunately declared dead on arrival.

The bench observed, "In the present case, the facts and contentions made by theparties indicate that the negligence that led to the leakage of current is attributable to an outgoing wire, leading to its flow to the shutter gate and subsequently to the channel gate, prima facie, cannot solely be attributed to BSES, at this stage."

The regulations and the provisions of the Electricity Act, 2003 also do not conclusively establish that it was only the DISCOM (BSES in this case), who had the sole and directresponsibility to prevent such a leakage. Admittedly, the consumer-shopkeeper is the main accused in the charge sheet and BSES has not been named, it added.

"In the absence of any material evidence on record which definitively demonstrates a lapse on the part of BSES, the Court cannot conclusively establish negligence on the part of BSES. The said position, however, can only be established by the parties while leading evidence in a competent Civil Court," the bench held.