Delhi High Court Grants Widow Ex-Gratia Compensation for Husband’s Electrocution Death
Last Updated on September 12, 2024 by Athi Venkatesh
In a writ petition filed by a widow seeking compensation for her husband’s electrocution death, the Delhi High Court, led by Justice Purushaindra Kumar Kaurav, awarded an ex-gratia lump sum of Rs. 10 lakhs. The petitioner’s husband, a Sub-Inspector in Delhi Police, died after coming in contact with a charged channel gate while seeking shelter from rain in a market.
The widow sought Rs. 50 lakhs in compensation from BSES Yamuna Power Ltd. (BSES), the Government of NCT of Delhi (GNCTD), and the Delhi Police, citing negligence in maintaining electricity safety. A First Information Report (FIR) was registered under Section 304-A IPC, and a charge sheet was filed against the shopkeeper from whose shop the current allegedly leaked.
BSES contended that its network was intact, and the leakage was due to an exposed wire from the shop’s meter. The Court held that the maxim res ipsa loquitur (the thing speaks for itself) did not apply, as no conclusive evidence pointed to BSES’s direct negligence.
The Court considered public law remedies under Article 226 for compensation in cases of human rights violations. While acknowledging BSES’s duty under the Electricity Act, 2003, and related regulations, the Court found no material proof of BSES’s fault. Despite this, the Court found it appropriate to grant the widow ex-gratia compensation, citing the family’s suffering.
The Court also directed that any further claims be pursued in a competent Civil Court. Failure to pay the ex-gratia compensation within three months would result in a 6% per annum interest penalty for BSES.
