NHRC recommends Rs. 9 Lakh as compensation in a case of electrocution in Delhi

New Delhi, November 8th, 2012
The National Human Rights Commission has recommended that the Board of Directors of the Tata Power Delhi Distribution Ltd. (TPDDL) pay rupees three lakh each to the next of kin of the three persons who died after electrocution caused due to negligence of the DISCOM. The Commission has asked the CEO of the company to submit a compliance report along with proof of payment within six weeks after the receipt of the directions.

According to the material on record with the Commission, three persons, namely, Shambhu Nadh Gupta, aged 45 years, his daughter Suraj, aged 13 years and Prem Prasad, aged 40 years were electrocuted when they came in contact with a live wire inside a pool of water on a road in Sanjay Gandhi Transport Nagar, Delhi on the 17th November, 2010. The Assistant Electrical Inspector, Government of NCT of Delhi in his enquiry report indicted both the NDPL, now known as TPDDL, and one consumer Lajja Ram. An FIR was also lodged against the both.

In response to the Commission's show cause notice, the Delhi Government said that as the operational control and day-to-day supervision, including maintenance rests with the company, it could not own up the negligence on part of it. The DISCOM in response to show cause notice of the Commission raised several preliminary objections including that the NHRC does not have the jurisdiction in the matter which is pending criminal trial.

The Commission set aside these and observed that there is no force in the objections. It said that the criminal proceedings in a court of law shall decide only the criminality part of the offender and the matter is not subjudice on the issue of tortious liability. It appears that the TPDDL is trying to take shelter under technicalities, which are of no help to it. There is a prima-facie case of negligence on the part of the DISCOM as made out in the report of the Electrical Inspector and the company is fully aware of this. Hence, it has to pay monetary relief to the family of the victims.

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