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confirmed that there was no negligence on the part of the
Distribu on Company staff. BESCOM had promptly
compensated the NoK of the deceased child vic m with
an amount of Rs. 5,00,000/-, and proof of payment was
enclosed with the report. Upon thorough considera on of
the submi ed material, it was established that the
accident was indeed caused by natural circumstances,
and BESCOM had taken prompt responsibility by providing monetary relief of Rs. 5,00,000/- to the bereaved
family. In light of the sa sfactory resolu on and
compensa on, the Commission deemed no further
interven on necessary, and thus, the case was officially
closed on 16 December 2022.
20.) Death by Electrocu on of School Students During
Independence Day Ceremony at Kenpur Government School, Mahisagar, Gujarat
(Case No: 873/1/21/2019)
The Commission received an in ma on on 20 August
2019, alleging the tragic death of two school students at
Kenpur Government School, Mahisagar, Gujarat, during
an Independence Day ceremony. The students succumbed to electrocu on due to the school management's
failure to implement necessary precau onary measures.
In response to the Commission's direc ves, the Superintendent of Police, Dist. Mahisagar, Gujarat, submi ed its
report on 20 April 2021. The inves ga on findings
a ributed the students' deaths to the nature of their
adolescence. It was noted that there were no complaints
from their parents or rela ves against the school. The
conclusive fact revealed that the students lost their lives
due to electric shock from an electric wire passing through
the school's terrace while they were involved in li ing an
iron pole for the flag hos ng ceremony prepara on.
Importantly, the students were not instructed to bring the
pole, but they voluntarily rushed to the terrace, and the
tragic incident occurred due to their impulsive nature
during adolescence. Vide proceedings dated 02 November 2021, the Commission observed that the enquiry
report of Superintendent of Police, Mahisagar, indicated
the registra on of a case under Sec on 174 of the Cr.P.C.
However, no foul play or negligence was discovered in the
ma er.
However, the Commission was dissa sfied with the
inves ga on report's findings. Upon careful perusal, it
was observed that both boys went to the terrace accomChapter 7 - Thematic Areas
panied by the school's peon, thereby being under his
supervision and under the school's custody. The school
management should have foreseen the presence of a live
electric wire passing through the terrace, which posed a
grave danger to anyone, not just children. By allowing the
children to access the school's roof under such circumstances, the school acted negligently and should be held
accountable for their negligence. The incident cons tuted
a gross viola on of the human rights of the deceased,
both aged 15 years. Consequently, the Commission issued
a show cause no ce under Sec on 18 of the PHRA, to the
Government of Gujarat through its Chief Secretary, as to
why compensa on of Rs. 3,00,000 /- each (Rupees Three
Lakh only) should not be recommended to the next of kin
of both deceased individuals. In response to the Commission's direc ve, it was submi ed that the families of the
deceased vic ms were compensated a total of Rs.
5,00,000/-. The Department of Agriculture of the State
Government provided rupees two lakh each through the
"Janta Akasmat Bima Yojana" scheme, while the electricity company MGVCL contributed an addi onal Rs.
50,000/- to each affected family. Hence, a total sum of Rs.
2.50 Lakh was disbursed to each affected family. The
report further confirmed that a thorough enquiry was
conducted, and appropriate ac ons were taken against
the negligent par es. In view of the above, the Commission closed the case on 22 August 2022.
21.) Death of Contractual Lineman due to Electro- cu on
owing to viola on of Safety Norms and Labour Laws
by Power Corpora on Officials in Ludhiana, Punjab
(Case No: 592/19/10/2019)
The Commission received an in ma on on 24 June 2019,
concerning the tragic death of a contractual lineman, who
died due to electrocu on. The complaint alleges a serious
viola on of safety norms and labour laws, a ribu ng the
incident to the serious negligence of Power Corpora on
JE and others.
In response to the Commission's direc ons, the requisite
reports on the ma er were received from the authori es
concerned. The ac on-taken report revealed that the
deceased was engaged by JE without authorisa on from
the competent authority of PSPCL. The PSPCL disputed
the negligence a ributed to it, sta ng that the deceased
was engaged without their permission, and no wri en
demand for compensa on was submi ed by the family.
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