NATIONAL HUMAN RIGHTS COMMISSION, INDIA detained Smt. Bharati Pradhan and her child on 23.2.2017 in the Range Office Hazat with three other male accused persons and thereby he has not acted in a legal manner, being a public servant.” iii. The Commission opined that the report has been submitted by an independent agency like CBCID. Hence, there is nothing on record to disbelieve this report. The Commission held that, prima facie, the case is a violation of human rights of Smt. Bharati Pradhan and her child and the State Government is vicariously liable to pay monetary compensation to her. Accordingly, the Commission directed to issue notice under Section 18(a) of the Protection of Human Rights Act, 1993, to the Government of Odisha, through its Chief Secretary to show cause as to why Commission should not recommend monetary relief to Smt. Bharati Pradhan and her child. iv. Since the compliance report along with proof of payment was received, the Commission closed the case. 26. Death of a middle aged person by falling in the open drain at Delhi-Dehradun Highway in the centre of the Dehradun near ISBT, Uttarakhand (Case No. 1095/35/5/2016) 78 i. The Commission received a complaint from Shri Anurag Sangal alleging that a middle aged shop owner named Kunwar Singh, son of Kesh Singh, died after falling in the open drain near his shop, next to the Delhi-Dehradun Highway in the centre of the Dehradun, near ISBT where a flyover was under construction by the National Highway Authority of India (NHAI) for over three years. On perusal of the complaint, the Commission directed Chairman, NHAI, Chief Engineer (PWD), Government of Uttarakhand and Principal Secretary, Public Works Department (PWD), Government of Uttarakhand to submit a report in the matter. ii. In response representatives of the State Government appeared before the Commission and made an oral presentation of the case and submitted that there was no negligence on the part of the authorities concerned which led to the death of the deceased and contended that there was no justification for granting monetary compensation to the next of kin of the deceased. But, the Commission rejected their objection for granting monetary compensation to the NoK of the deceased on ground that the fact remains that due to the negligence of the concerned authority precious life of a person was lost. So, the State cannot escape the charge of negligence in the case. The Commission recommended to the Government of Uttarakhand to pay an amount of Rs. 3,00,000/- (Rupees Three Lakhs Only) as monetary compensation to the NoK of the deceased Kunwar Singh. iii. Pursuant to the directions of the Commission, Executive Engineer, National Highway Division, PWD, Roorkee, submitted proof of payment of Rs. 3,00,000/- (Rupees Three lakhs) to Shri Rajesh Chauhan, son of Kunwar Singh Chauhan. ANNUAL REPORT 2019-20