Death due to electrical accident on road
DK Sharma
(Querist) 02 November 2012
This query is : Resolved
http://www.thehindu.com/todays-paper/8-killed-as-ht-wire-falls-on-bus-in-fatehpur/article4027067.ece
Please copy the above link and paste it on the search bar. On 24th October a high tension wire fell over a bus and 8 people were killed instantly and many injured.
In my opinion this accident happened due to negligence of State Electricity Board. As Per Indian Electricity Rules, Over Head line wires should be so protected that if a wire snaps it should not fall on the ground.For this Guard wiring is provided under the Live wires. Otherwise there must be fast acting relays which will trip the Circuit Breaker supplying Power on the line.
If this is not done, the responsibility rests on the Electrical Department.
My question is , why action is not taken against the officials responsible for this criminal negligence.
Is there any law for causing death by negligence in maintenance of Electrical overhead lines.
There have been hundreds of deaths due to electrocution on roads and in fields, In many parts of the country.
Advocate Bhartesh goyal
(Expert) 02 November 2012
Aggrieved person/party can sue for compensation /damages under the provisions of The Fatal Accident Act 1885 in civil court.
prabhakar singh
(Expert) 02 November 2012
I share with opinion expressed by Mr.Goyal
Raj Kumar Makkad
(Expert) 02 November 2012
Direct petition can also be filed before High Court as held in the following case law:
Jammu High Court
Joginder Singh vs State Of J&Amp;K And Others on 24 March, 2011
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPAOW No. 34 OF 2007 AND LPAOW No. 58 OF 2008 AND LPAOW No. 60 OF 2008
http://www.indiankanoon.org/doc/569744/
DK Sharma
(Querist) 04 November 2012
About three days back again an Electric wire snapped in Gonda (UP) and a couple and their child died due to electrocution. Why police do not register a case of negligence against Electricity Board officials.
If a building collapses and people are killed police intervenes without any FIR, why not in case of such Electrocutions which happen due to negligence on the part of Board officials, who do not comply with the safety provisions provided in Indian Electricity Rules 1956.
If responsibility is not fixed these accidents will go on as there had been scores of such accidents in past also.
I wish that some community minded Lawyer file a PIL in UP High court or in any other court of law.
In such cases responsibility is required to be fixed and guilty be punished.
DK Sharma
H. S. Thukral
(Expert) 05 November 2012
File a petition in High Court. There are several precedents, other than the one mentioned by my friend Raj Kumar Makkad, where compensation has been awarded. This will give you a speedy justice than filing a civil suit for compensation. You can also file a claim under Fatal Accidents Act.
DK Sharma
(Querist) 05 November 2012
As per Indian Electricity Rule 1956,if a bare and live electric wire is erected on a road or in a field, a guard wiring should be erected below the live wires so that if the wire snaps, it should not fall on the ground.
Also there must be quick acting safety devices which should switch off the power supply when the wire snaps and touched the ground.
If an electric line is passing though a field, the height of lowest conductor from ground should be 15 feet minimum. It is seen that while giving an electric connection for, say electrical pump, for agriculture purpose, the electricity board officials ask the farmers to carry the poles in their tractor trolleys and erect them by themselves. The farmers dig a pit and erect the pole and fill it up with loose earth all around.When the earth settles down after a rainy season, the poles tilt one way or other and the wires dangle dangerously low.This causes accidents later on.
This is a case of sheer corruption. It is the duty and responsibility of Electrical officials to erect the poles and fill up the foundation with cement concrete.The pole should not tilt even after exposed to heavy rains.
this is done by the Railways for erecting electric poles in colonies as well as on the rail track for electrical traction.
If the provision of safety rules are flouted by Electricity board officials, action should be initiated and responsibility fixed.
when an accident takes place, innocent lives are lost and if the compensation is awarded after long legal battles it is paid by the Govt from tax payers money and not by the erring officials. When responsibility is not fixed and the guilty are not punished, the accidents do not stop.
So my point is that such accidents take place due to non compliance of safety rules.For this action should be taken against the guilty and the Chief Electrical Engineer should also be held responsible, as it is his duty to ensure that all Electrical installations under his jurisdiction, comply with the provisions of Indian Electricity Rules.
Indian Railways has electrified more than 20,000 route Kms of railway track, which passes through cities, fields and jungles but there is not a single case where human life is lost due to snapping of wire or wire hanging low.
