HC directs PDD to pay compensation of Rs 30. 2 lakhs to victim of electrocution
Srinagar: Against a claim of Rs 1.42 crores, the J&K High Court has directed a compensation of Rs 30.2 lakhs to a five-year-old boy disabled for life by 33,000 KV HT line laid by the Power Development Department (PDD) beside his house in Bandipore.
Justice Javed Iqbal Wani while disposing of the petition of Aatif Irshad Kumar, the victim, directed the respondent authorities to pay him Rs 30.2 lakhs along with interest at the rate of 6 percent per annum.
The petitioner child had prayed that the respondents be directed to pay an amount of Rs 1.22 crores along with interest at the bank rate beside an interim compensation of Rs 20 lakhs so that he can purchase an artificial limb to enable him to go to the washroom by himself.
In 2018, the minor came in direct contact with live 33,000 KV HT line passing adjacent his residential house at Mantrigam Bandipora. The house is stated to have been constructed in 2008 and the HT line was laid by the respondents in 2012.
Objections were raised by the inhabitants of the village including the father of the victim petitioner to the laying of the transmission line.
The victim is stated to have suffered severe burn injuries on account of electrocution and consequently had to undergo amputation of his right hand, thumb of the left hand, finger of right foot.
The disability suffered by him was evaluated by the Medical Board to the extent of 90 percent permanent in nature.
According to the petition, the victim on account of his 90 percent permanent disability became wholly and solely dependent upon his parents, and requires constant medical treatment costing Rs 30,000-35,000 a month. His parents stated that they are unable to spend this amount due to their meager financial resources.
Interestingly, the respondents stated that the electrocution of the victim petitioner cannot be attributed to them as there is no negligence on their part.
“The victim petitioner is stated to have got electrocuted on 17.11.2018 due to his own negligence while playing with some metallic object on his three-storied residential house,” the PDD said.
The court, however, maintained that “respondents being the functionaries of the State, in law under Law of Torts they are supposed to compensate the petitioner on account of negligence and carelessness and would lie within the parameters of strict liability”.
The judge cited a Supreme Court of India judgment which says “where an enterprise is engaged in a hazardous and inherently dangerous activity and harm is caused on anyone on account of the accident in operation of the such activity, the enterprise is strictly and absolutely liable to compensate those who get affected by the accident and such liability is not subject to any of the exceptions to the principle of strict liability under the rule contained in Rylands Vs. Fletcher”.
He directed the PDD to pay an amount of Rs 30.2 lakhs along with 6 percent interest per annum from the date of filing of the petition till the date of actual deposit to the victim child.
The amount has to be deposited in a Fixed Deposit Account in the name of the minor represented.
The monthly interest that would be earned on the amount of compensation during the period of minority of the victim shall be withdrawn by the father of the child and spent upon him as monthly expenses, including on his treatment.
