Early Times Report
Jammu, Jan 6: Justice Rajnesh Oswal of Jammu & Kashmir and Ladakh High Court directed PDD to pay compensation to the tune of Rs 59, 75,000/- to 11 years old boy who suffered 100% permanent disability because of sheer negligence of the respondents in maintenance of the High Tension electric wires.
The case of the petitioner is that that on 07.08.2017 the petitioner had gone to the house of his uncle situated at Bhadore. At about 10.30 P.M, the petitioner went to the roof of the house of his uncle and suddenly came into contact with the High Tension wire, due to which, the petitioner got electrocuted. It is stated that the incident of electrocution took place due to negligence and carelessness on part of the respondents in maintaining the electric wires as live electric wire/service line was having short circuit and due to darkness the petitioner came into contact with the live wire due to which the petitioner suffered serious injuries to both of his upper limbs. It is further stated that during the treatment the petitioner developed gangrenous changes in both the upper limbs and other parts and due to severe infection both the upper limbs of the petitioner had to be amputated. It is further stated that the petitioner was a school going student and the petitioner has become disabled for the rest of his life at such a tender age of 11-12 years. The petitioner has suffered 100 percent disability which is substantiated by the certificate No. CMO/J/DB/29921 dated 21.04.2018 issued by the Chief Medical Officer, Health and Family Welfare Jammu.
Justice Rajnesh Oswal after hearing both the sides, observed that though, the age of the child in the present case is 11 years, whereas in Sham Dev Singh’s case (supra), the age of the child was 5 years but the immunity and the privileges granted to the petitioner shall remain same except in respect of provisions contained in Section 83 of IPC. As such, taking into consideration the documentary evidence placed on record by the petitioner, this Court has no hesitation to hold that the incident occurred because of the negligence of the respondents in maintaining the electric lines/wires and directed respodents to pay an amount of Rs. 59,75,200/- (Rupees Fifty Nine lacs and Seventy Five Thousand and Two hundred only) to the petitioner alongwith interest @ 6% per annum, except upon the component of future earnings and attendant’s expenses, from the date of filing of the petition till its realization. Since the petitioner is minor, the amount of Rs 10,00,000/- would be paid to the father of the petitioner being the natural guardian. The rest of the amount would be invested in one or more Fixed Deposits Receipts so as to attract the maximum rate of interest. The interest amount shall be payable to the guardian of the petitioner every month. In the event, the father of the petitioner requires any amount in respect of medical expenses or otherwise for the education of the petitioner, during the minority of the petitioner, he shall be at liberty to approach this Court. JNF |
