Allahabad High Court
VIKASH CHANDRA GUPTAversusPURVANCHAL VIDYUT VITRAN NIGAM LIMITED AND ANOTHER
- Decided
Holding
The Court ordered the supply company to pay an ex gratia amount of Rs. 2,00,000 to the petitioner and disposed of the writ petition.
Summary
Vikash Chandra Gupta filed a writ petition seeking compensation for the death of his three children, who died while playing with a kite. The supply company, Purvanchal Vidyut Vitran Nigam Ltd, had previously paid ex gratia compensation to two other families whose children died from electrocution. The petitioner argued that the company should extend the same humanitarian approach to his case. The Court examined whether the supply company was obliged to pay ex gratia despite the absence of fault. It directed the company to pay an ex gratia amount of Rs. 2,00,000 to the petitioner and required the petitioner to furnish PAN and bank details. The petition was subsequently disposed of after the order.
Issues considered
- Whether the supply company is liable to pay ex gratia compensation to the petitioner for the death of his children
- Whether the absence of fault precludes the award of ex gratia
- Whether the petition for compensation is maintainable under the applicable statutes
Subjects
- ex gratia
- compensation
- writ petition
- humanitarian approach
- electrocution
- liability
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 30203 of 2026
Vikash Chandra Gupta
.....Petitioner(s)
Versus
Purvanchal Vidyut Vitran Nigam Limited And
Another .....Respondent(s)
Counsel for Petitioner(s) : Indresh Kumar Mishra, Viresh Kumar
Gupta
Counsel for Respondent(s) : Udit Chandra
Court No. - 21
HON'BLE ARINDAM SINHA, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Mr. Nitesh Patel, learned advocate holding the brief to appear for
respondents (the supply company) hands up internal correspondence
dated 23rd September, 2026. He submits, ex gratia of Rs. 2,00,000/- will
be paid to petitioner. Requisitions have been made for petitioner to
provide particulars, inter alia, of pan card, bank details etc. He gives copy
to Mr. Viresh Kumar Gupta, learned advocate appearing for petitioner.
2. Paragraph 3 from order dated 11th September, 2026 is reproduced
below.
"3. Our query to Mr. Patel was, where there was direction and payment
to the two families, who lost their children by electrocution on the spot,
why should not the supply company show same human approach in
likewise compensating petitioner. This is because the three children were
playing together and all of them lost their lives as a consequence of the
activity of flying kite. It is not a question of fault. We hope the supply
company will do the right thing by petitioner. For the purpose,
adjournment is granted."
We commend management of the supply company in having decided to
pay ex gratia. Petitioner to comply with the requisitions. We expect
petitioner to find relief of payment receipt within two weeks from the
communication.
WRIC No. 30203 of 2026
2
3. The writ petition is disposed of.
(Arindam Sinha,J.)
(Sudhanshu Chauhan,J.)
September 29, 2026
Mohini
Digitally signed by :-
MOHINI RAI
High Court of Judicature at Allahabad
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