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2017 Supreme(SC) 104

J.CHELAMESWAR, A.M.SAPRE
State of Himachal Pradesh – Appellant
Versus
Naval Kumar alias Rohit Kumar – Respondent


Advocates Appeared:
For the Appellants :J.S. Attri, Sr. Adv., Varinder Kumar Sharma, Chandra Nand Jha, Advocates.
For the Respondents:Nishant Ramakantrao Katneshwarkar, Advocates.

JUDGMENT

Abhay Manohar Sapre, J.

Leave granted.

2. This appeal is filed against the final judgment and order dated 09.01.2015 passed by the High Court of Himachal Pradesh at Shimla in Civil Writ Petition No. 475 of 2013 whereby the High Court allowed the writ petition filed by the respondent herein and awarded the compensation of Rs. 1,25,00,000/- under different heads for the injuries sustained by the respondent due to negligence of the State.

3. We herein set out the facts, in brief, to appreciate the issue involved in this appeal.

4. On 18.03.2012 at about 3.30 p.m., the respondent-Naval Kumar alias Rohit Kumar, who was 8 years old at the time of incident, accompanied his mother to the fields to collect "Saag" where he got electrocuted with a high tension live wire (11 KV) commonly known as Lahru-Chowari Line. He received grievous burn and other injuries and became unconscious. On the same day, FIR was registered at the instance of the mother of the respondent.

5. The respondent was initially taken to Referal Hospital Chowari for treatment. Thereafter he was referred to Dr. Rajendra Prasad Medical Hospital, Tanda, District Kangra, Himachal Pradesh. He was operated on 25.03.2012 and
















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