1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6670 OF 2022 (Arising out of SLP (C) 9997 of 2019) JASWINDER KAUR AND ORS. Appellant(s) VERSUS PUNJAB STATE ELECTRICITY BOARD PATIALA (NOW PUNJAB STATE POWER CORPORATION LTD.) & ORS. Respondent(s) O R D E R Leave granted. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 26.11.2018 passed by the High Court of Punjab and Haryana at Chandigarh in Regular Second Appeal No.5408 of 2016, by which the High Court has dismissed the said appeal preferred by the original claimants denying the compensation, the original claimants have preferred the present appeal. 2. We have heard learned counsel appearing on behalf of the respective parties at length. We have also gone through the impugned judgment and order passed by the High Court and the reasoning given by the High Court. We have gone through the Report submitted by the Assistant Electricity Inspector . From the Report submitted by the Assistant Electricity Inspector, it cannot be said that there was no negligence at all on the part of the employer- Punjab State Electricity Board (for short ‘the Board’) . It is specifically mentioned in the Report that the accident could have been avoided if the staff deployed at 220 KV Grid sub-Station, Mohali have performed their duty with responsibility and carefully as not to start supply to 11 KV Urban Feeder without getting the permit canceled from 11 KV Urban Feeder. It is not in dispute
2 that, as such, the deceased was serving as a Lineman with the respondent-Board and he died due to electrocution while he was on the pole and all of a sudden the electricity supply started. 3. The aforesaid aspect has not been considered by the High Court at all. Under the circumstances, the impugned judgment and order passed by the High Court denying the compensation to the heirs is not sustainable. We are of the opinion that if a total sum of Rs.5 Lakhs is awarded to the original claimants inclusive of the interest, cost etc., the same shall meet the ends of justice and the same can be said to be just compensation to the heirs of the deceased. 4. In view of the above and for the reasons stated above, the present appeal succeeds in part. The impugned judgment and order passed by the High Court is hereby quashed and set aside. The respondent Board is directed to pay a total sum of Rs.5 Lakhs to the original claimants-appellants herein towards the compensation and full and final settlement of the claim towards the compensation against the respondents, more particularly, the respondent-Board to be paid within a period of six weeks from today, failing which it shall carry the interest at the rate of 7.5% from the date of the present order till the actual payment. The present appeal is allowed accordingly. No costs. .......................... J. (M.R. SHAH) .......................... J. (KRISHNA MURARI) New Delhi; September 15, 2022.
3 ITEM NO.6 COURT NO.8 SECTION IV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SLP (C) No(s). 9997/2019 JASWINDER KAUR & ORS. Petitioner(s) VERSUS PUNJAB STATE ELECTRICITY BOARD PATIALA (NOW PUNJAB STATE POWER CORPORATION LTD.) & ORS. Respondent(s) Date : 15-09-2022 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Ms. S. Janani, AOR Mr. Nishant Kumar, Adv. For Respondent(s) Ms. Uttara Babbar, AOR Mr. N.S. Minhas, Adv. Mr. Sukesh Ghosh, Adv. Mr. Arjun Sain, Adv. Mr. N.N. Bain, Adv. Ms. Shashi Kiran, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. The present appeal is allowed in terms of the signed order. Pending applications, if any, stand disposed of. (R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (Signed order is placed on the file)
ITEM NO.33 REGISTRAR COURT. 2 SECTION IV - B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. RAJIV KALRA Petition(s) for Special Leave to Appeal (C) No(s). 9997/2019 JASWINDER KAUR & ORS. Petitioner(s) VERSUS PUNJAB STATE ELECTRICITY BOARD PATIALA (NOW PUNJAB STATE POWER CORPORATION LTD.) & ORS. Respondent(s) Date : 04 - 02 - 2020 This petition was called on for hearing today. For Petitioner(s) Mr. Nishant Kumar,Adv. Ms. S. Janani, AOR For Respondent(s) Ms. Uttara Babbar, AOR Mr. N.S. Minhas,Adv . Mr. Sukesh Ghosh,Adv. Ms./Mr. Sushanta Datta,Adv. Ms. Shashi Kiran, AOR UPON hearing the counsel the Court made the following O R D E R The office report indicates that respondent Nos. 1 to 3 have already filed counter affidavit. Viewed thus, the matter be processed for listing before the Hon'ble Court under the rules. RAJIV KALRA Registrar MG
ITEM NO.46 REGISTRAR COURT. 2 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. SURINDER S. RATHI Petition(s) for Special Leave to Appeal (C) No(s). 9997/2019 JASWINDER KAUR & ORS. Petitioner(s) VERSUS PUNJAB STATE ELECTRICITY BOARD PATIALA (NOW PUNJAB STATE POWER CORPORATION LTD.) & ORS. Respondent(s) Date : 27-11-2019 This petition was called on for hearing today. For Petitioner(s) Ms. S. Janani, AOR For Respondent(s) Ms. Uttara Babbar, AOR Mr. Shashi Kiran, AOR Mr. N. S. Minhas, Adv. Mr. Sukesh Ghosh, Adv. UPON hearing the counsel the Court made the following O R D E R Appearance :Ld. counsel for petitioner is present. Ld. Counsel for respondent is present. Ld. counsel for the petitioner is directed to provide the copy of pleadings to Ld. counsel for the respondent Nos. 1 and 2 within one week and file proof. The above respondents shall file counter affidavit within four weeks thereafter. Service is complete upon respondent Nos. 3 and 4, but no one has entered appearance on their behalf. However, Mr. Sukesh Ghosh, Ld. Counsel on behalf of Mr. Shashi Kiran, Ld. Advocate-on-Record undertakes to appear for Respondent No. 3.
ITEM NO.46 REGISTRAR COURT. 2 SECTION IV-B He seeks and is given one week time to file the vakalatnama and four weeks time to file the counter affidavit. Ld. counsel for the petitioner is directed to serve the copy of pleadings to the said respondent within one week after filing the vakalatnama. List again on 04.02.2020. SURINDER S. RATHI Registrar pm
ITEM NO.55 REGISTRAR COURT. 2 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR RAJESH KUMAR GOEL Petition(s) for Special Leave to Appeal (C) No(s). 9997/2019 JASWINDER KAUR & ORS. Petitioner(s) VERSUS PUNJAB STATE ELECTRICITY BOARD PATIALA (NOW PUNJAB STATE POWER CORPORATION LTD.) & ORS. Respondent(s) Date : 25-07-2019 This petition was called on for hearing today. For Petitioner(s) Ms. S. Janani, AOR Mr.Nishant Kumar,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service is complete upon respondent Nos.1,2 & 4, but no one has entered appearance on their behalf. Notice could not be served to Respondent No.3 as postal remarks shows “Insufficient address”. Hence, Ld.counsel for the petitioner shall file the fresh particulars of the above respondent and he shall also take fresh steps for the service of notice to him within a period of four weeks. List the matter again on 27.11.2019. RAJESH KUMAR GOEL Registrar SB
ITEM NO.5 COURT NO.13 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 10291/2019 (Arising out of impugned final judgment and order dated 26-11- 2018 in RSA No. 5408/2016 passed by the High Court Of Punjab & Haryana At Chandigarh) JASWINDER KAUR & ORS. Petitioner(s) VERSUS PUNJAB STATE ELECTRICITY BOARD PATIALA (NOW PUNJAB STATE POWER CORPORATION LTD.) & ORS. Respondent(s) (FOR ADMISSION and I.R. with Office Report and IA No.55491/2019- CONDONATION OF DELAY IN FILING ) Date : 11-04-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE M.R. SHAH For Petitioner(s) Ms. S. Janani, AOR Ms. Shruti Bist, Adv. Mr. Nishant Kumar, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice. (GEETA AHUJA) (KAILASH CHANDER) COURT MASTER (SH) ASSISTANT REGISTRAR