RAJIV SAHAI ENDLAW
Baby Anjum Thr. Her Natural Guardian – Appellant
Versus
Chief Executive Officer, Bses Rajdhani Power Ltd. – Respondent
RAJIV SAHAI ENDLAW, J:
1. The present petition seeks compensation of ` 10 lacs for the injury (amputation of hand) suffered by the petitioner No.1 (aged 4 years) allegedly owing to electrocution attributable to the negligence of the respondent. The petitioner no.2 is the father of the petitioner no.1. Notice of the petition was issued. A counter affidavit has been filed by the respondent averring that the writ petition is not the appropriate remedy for the relief claimed of compensation. Reliance in this regard is placed on Chairman, Grid Corporation of Orissa Ltd Vs. Smt Sukamani Das (1999) 7 SCC 298 and the judgments of this Court in WP(C) 5016/2002 titled Smt. Ram Wati Vs. BSES, Yamua Power Ltd and other connected petitions decided on 20th July, 2007 and in WP(C) No. 1108/2001 titled Shri Dharam Pal Vs. Delhi Transport Corporation decided on 14th January, 2008.
2. Per contra, the counsel for the petitioner has relied on
(i) H.S.E.B. Vs. Ram Nath (2004) 5 SCC 793 where after noticing Sukamani Das (supra) and in the absence of any denial of the averments as to negligence, a compensation of ` 1 lac awarded by the High Court was held to be reasonable.
(ii) Shri Chand Vs. C
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