Umamageswari Maruthappan
The Delhi High Court asserted the negligence of BSES Rajdhani Power Limited in the electrocution of Mintu Kumar in 2007.
The Court awarded a compensation of 10 Lakh Rupees to the family of the 23-year old victim, thereby upholding justice after almost more than a decade’s struggle.
The petitioner, Munni Devi, alleged that the death of her son was caused due to the negligence of BSES RPL and the Delhi Government.
While the Delhi Government rejecting its involvement altogether, BSES Rajdhani claimed that it had no knowledge about the incident and also questioned the maintainability of the plea after 12 years.
Following the observations, the High Court Bench comprising Justice Jayant Nath held that the incident was a consequence of the negligent conduct of the respondent and that the claim made by them of having no knowledge of the event “fortifies” the same. The Bench applied the doctrine of ‘Res Ipsa Loquitor’ (the thing speaks for itself).
The Court further held that the liability to pay the compensation lies jointly and severally with the Discom, Reliance General Insurance Company Ltd along with the BSES RPL and it is for them to decide the liability among them.
Mintu Kumar lost his life on May 2007 after a live electric wire had fallen on his bicycle while he was passing through Kalkaji.