Punjab & Haryana HC orders BSF to pay ₹60 lakh to family of man electrocuted after Wagah Border ceremony

The Punjab and Haryana High Court recently rejected the Union of India’s appeal against a single-judge's order to pay over ₹60 lakh as compensation to the family of a teacher who died due to electrocution at the Wagah border in Amritsar [Union of India and Others v Preeti and others]

In 2013, the victim - 32-year-old Narender Kumar, had gone to attend the ‘Beating the retreat’ ceremony at Wagah border. After the ceremony concluded, there was a rush of people, and Kumar allegedly climbed onto a demarcation lamp pole by keeping his foot on the junction box. The box is said to have broken, exposing an electric wire which electrocuted him.

In February 2023, a single-judge of the High Court held the Border Security Force (BSF) and Punjab State Power Corporation Limited (PSPCL) jointly liable for the incident and ordered them to compensate the victim’s family. Both the Central government and PSPCL appealed against the order.

On November 13, the Division Bench of Justice Harsimran Singh Sethi and Justice Vikas Suri accepted the PSPCL’s contention that it was not liable as the area where the accident took place is in exclusive jurisdiction of the BSF.

“It may be noticed that the said point is adjacent to the International gate between India and Pakistan hence, once, the accidental spot is within the exclusive domain and control of the Union of India, which is being controlled by the BSF, making the PSPCL liable for the same along with BSF cannot be upheld,” the Court said.

However, the Court declined to accept the Union of India’s argument that the area was cordoned off and that since no one was allowed to enter the same, the mishap had happened due to the victim’s own negligence. The Court found that the area was not actually cordoned off. 

"Further, it is a conceded position that the area of the accident is just next to the International gate between India and Pakistan. It may be noticed that the said area is controlled and manned by the Officers of the BSF 24 hours without exception hence, even if, somebody was trying to go into a cordoned off area, it becomes the duty of the BSF to stop such person from entering the cordoned off area," the Court said.

“The negligence in allowing a person to reach the area where accident occurred is also upon the BSF hence, the amount of compensation, which has been awarded by the learned Single Judge in favour of the deceased, cannot be treated as arbitrary or illegal or without appreciating the facts on record,” it added

The Court thus rejected the Union of India’s appeal. It also took note of the fact that no compensation had been paid to the victim’s family after two and half years of the single-judge order.

“Keeping in view the above said fact, it is held that even upon the amount of compensation awarded in favour of respondent starting from the date of the order, i.e. 01.02.2023 passed by the learned Single Judge, interest @6% per annum will also be paid on the said compensation so as to compensate the claimant, who despite entitlement and without there being any interim order of stay on such awarded compensation, the Union of India has not released the amount of compensation,” the Court thus ordered. 

The Union of India (BSF) shall release the compensation amount admissible to respondent within a period of eight weeks, it added.

Advocate Angad Chahal represented the PSPCL.

Senior Panel Counsel Sunil Kumar Sharma with advocate Lalit Atri appeared for the Union of India.

Additional Advocate General Rahul Rampal appeared for the State of Punjab.

Advocates JS Cooner and Madhur Singh appeared for other respondents.

[Read Judgment]