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 his both arms were amputated. He was admitted in Dr. Rajendra Prasad Medical Hospital, Tanda w.e.f. 18.03.2012 to 03.05.2012. The respondent suffered 100% disability. During the course of hospitalization, the family of the respondent had to incur expenses exceeding Rs. 2,00,000/- including medicines, taxi charges, attendant charges, special diet charges etc. The respondent has now become totally dependent upon family members even for day-to-day activities for his entire life. The respondent was throughout brilliant student in his studies and had to discontinue his studies after this unfortunate incident.

6. The respondent, through his mother and natural guardian, namely, Smt. Lata Devi, filed writ petition being W.P. No. 475 of 2013 in the High Court against the appellants herein claiming a compensation of Rs. 50,00,000/- under various heads and also stated that they have incurred Rs. 2,00,000/- for medical expenses. The respondent also prayed for a direction to the authorities to install and maintain all the electricity wires, conductors, apparatus etc. strictly in accordance with the Electricity Act, Rules, Regulations etc. so that no such untoward incident would take place in the future.

7. The High Court, by impugned judgment dated 09.01.2015, allowed the writ petition filed by the respondent herein and awarded a compensation of Rs. 1,25,00,000/- under different heads to the respondent.

8. Against the said judgment, the appellants have filed this appeal by way of special leave before this Court.

9. Heard Mr. J.S. Attri, learned senior counsel for the appellants and Mr. Nishant Ramakanrao Katneshwarkar, learned counsel for the respondent.

10. Learned counsel for the appellant-State of H.P. while assailing the legality and correctness of the impugned order urged that the High Court erred in awarding L1,25,00,000/- to the respondent-claimant by way of compensation for the disabilities caused on account of electrocution suffered by the respondent. It was his submission that the award of compensation by the High Court is on much higher side with no material evidence on record in support thereof and further it is essentially based on assumptions and presumptions, which is not legally sustainable in law.

11. Learned counsel also contended that though the respondent unfortunately lost his both the arms thereby suffered 100% permanent disability for his whole life at such young age, yet having regard to several relevant factors governing the issue, the compensation awarded by the High Court appears to be on higher side and, hence, it deserves to be reduced so as to make it a reasonable one.

12. In reply, learned counsel for the respondent supported the impugned order and contended that it does not call for any interference. According to learned counsel, it is ba