Showing posts with label Compensation for acquiring disability due to negligence. Show all posts
Showing posts with label Compensation for acquiring disability due to negligence. Show all posts

Thursday, March 8, 2018

Kamal Kant Vs. CEO BSES Rajdhani Power Ltd & Anr | Case No. 4/1012/2015-Wel/CD/5954-56 | Dated: 07.03.2018


In the Court of State Commissioner for Persons with Disabilities
National Capital Territory of Delhi
25- D, Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2
Phone-011-23216002-04, Telefax: 011-23216005, Email: comdis.delhi@nic.in
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]

Case No. 4/1012/2015-Wel/CD/5954-56                                   Dated: 07.03.2018

In the matter of:

Sh. Kamal Kant
S/o Sh. Ram Sewak
H.No. 38, Near Chaupal
Saidullazab Opposite Saket
New Delhi -110030                                                                      .......Petitioner

Versus

The Chief Executive Officer
BSES Rajdhani Power Ltd.
BSES Bhawan, Nehru Place
Delhi -110019                                                                        ............Respondent No. 1

The Deputy Commissioner of Police
Office of the Deputy Commissioner of Police,
South District, Hauz Khas
New Delhi -110017                                                              ..............Respondent No. 2

Date of Hearing: 6.03.2018

Present: Sh. P. Bhaskar, Manager, BSES, Sh. Vivek Rathi, Legal Retainer, BSES

            ORDER

            The above named complainant, a person with 75% locomotor disability vide his complaint dated 5.06.2015 received from the court of Chief Commissioner for Persons with Disabilities vide letter dated 18.06.2015, inter-alia submitted that he is a 38 years old person with disability.  On the evening of 7.10.2013, the main electric line cable of BSES fell on him at Hauz Rani, Press Enclave, because of the negligence of the employees of BSES.  His left leg had to be amputated below knee.  Police also did not investigate the matter properly.  He requested that he should be rehabilitated and given appropriate compensation.

2.         The complaint was taken up with the respondents vide communication dated 24.06.2015. 

3.         Respondent No. 1 vide letter dated 7.7.2015 submitted that as per their record no such electrocution case of Sh. Kamal Kant occurred on 7.10.2013 at 7.30 p.m.  There was also no complaint relating to the electrocution.  The complainant filed FIR after 6 months of the alleged incidence.  Therefore, the complaint was false and fabricated.

4.         Upon considering the rejoinder of the complainant, hearings was held on 13.10.2015 and 10.11.2015, Respondent No. 2 vide letter dated 10.11.2015 submitted that during the investigation of the case, no eye-witness of the incidence was found.  BSES also informed that no conductor snapped on 7.10.2013 in that area.  The investigation was still in progress to trace any eye-witness of the incidence.

5.         As there was no further report, a hearing was scheduled on 06.03.2018.  Neither the complainant nor anyone on his behalf appeared during the hearing. The representatives of respondent No. 1 reiterated their submissions filed vide letter dated 7.7.2015 and also produced break-down status of 11 KV of Hauz Rani Press Enclave Road as per which there was no break down complaint.

6.         As per the letter dated 21.2.2018 filed by the Office of Dy. Commissioner of Police, South District, the investigation of the case FIR No. 227/14 dated 02.04.2014 under section 338 IPC registered at Police Station Saket, was completed in November, 2017 and an untraced report was filed in the court of ACMM (South), Saket Court.  The Hon”ble Court disposed off the said case vide order dated 18.12.2017 after the statement of the complainant. Respondent No. 2 also enclosed a copy of the said order.  In the said order, it is stated that as per the final report under section 173 CrPC filed by Inquiry Officer, no clue about the accused could be obtained despite efforts.  The Hon’ble Court accepted the untraced report and directed that the investigation be reopened as and when the clue with regard to the accused is obtained.

8.         In the light of the above, the complaint is closed and disposed of accordingly.

9.         Given under my hand and the seal of the Court this  06th day of March, 2018.

(T.D. Dhariyal)
                                      State Commissioner for Persons with Disabilities