NATIONAL HUMAN RIGHTS COMMISSION, INDIA
and seeks the intervention by the Commission in the matter for registration of FIR and
grant of compensation to the victims.
ii.
The Commission took cognizance in the matter and directed the District Magistrate,
Shivihar, Bihar, to submit a report in the matter. Accordingly, a report was submitted by
the Superintendent of Police, Shivihar. It was mentioned in the report that a case crime no.
59/16 was registered in the matter. During investigation, it was revealed that the accident
had occurred due to low hanging wire and overloading of the bus. The passengers who
were sitting on the roof of the bus came in contact with the live wire and sustained injuries.
The allegations were found substantiated against the driver and conductor of the bus
and the lineman of the electricity department. During investigation, it was also revealed
that the driver of the bus was also doing the work of the conductor and was charging
the money from the passengers. It was mentioned in the report that after completion
of investigation a charge sheet no. 173/18 has been submitted against Shri Rajiv Kumar
Tiwari, driver of the bus and the lineman Shri Alok Kumar Gupta.
iii.
The Commission observed that in the above circumstances, it was clear that the incident
occurred due to negligence of the line man of the electricity department and the driver of
the concerned bus. Hence, prima facie, a case of violation of human rights of the injured
passengers is made out and the State is vicariously liable to pay monetary compensation
to them. The Commission directed to issue a notice under Section 18 (a) (i) of the Protection
of Human Rights Act, 1993, to the Government of Bihar, through its Chief Secretary, to
show cause as to why the Commission should not recommend monetary relief for the
victims. No reply to the Show Cause Notice was submitted by the State Government. It
was presumed that the State Government had nothing to say in the matter.
iv.
Keeping in view the facts and circumstances of the case, the Commission recommended to
the Government of Bihar, through its Chief Secretary, to pay compensation of Rs. 25000/(Rupees Twenty Five Thousand Only) each to the victims. The Chief Secretary, Government
of Bihar has been directed to submit compliance report along with proof of payment.
22. Death of the victim, Jhas Ketan Budek, aged 62 years, r/o Village- Tetelapali , DistrictBargarh, Odisha due to electrocution by a low hanging 11 KV live electricity
(Case No. 171/18/17/2015 )
74
i.
In the instant case, Dr. Subhash Mohopatra, Executive Director, Global Human Rights
Communications submitted a complaint alleging that the victim, Jhas Ketan Budek,
aged 62 years, resident of Village Tetelapali, District Bargarh, Odisha was electrocuted by
a low hanging 11 KV live electricity wire and died on the spot. Despite registration of the
complaint at the local police station, neither any action was taken nor any compensation
was paid to the NoK of the deceased.
ii.
On perusal of the complaint, the Commission issued a notice to the Superintendent
of Police, District- Bargarh, Odisha and Secretary, Department of Energy, Government
ANNUAL REPORT 2019-20