SupremeToday Landscape Ad
Back
Next
Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content
Listen Article Pause Article
judgment-img

2019 Supreme(HP) 220

IN THE HIGH COURT OF HIMACHAL PRADESH
SURYA KANT, AJAY MOHAN GOEL, JJ.
SAHIL (MINOR) - Appellant
Vs.
STATE OF HIMACHAL PRADESH AND OTHERS - Respondents
Civil Writ Petition No. 716 of 2017
Decided On : 11-01-2019

Important Points

Proper utilization and monitoring of compensation amount for the well-being and education of the minor petitioner, and consideration of future employment opportunities for the petitioner upon attaining the requisite qualifications.

Subject

Civil Law - Compensation and Damages

Headnote

Electricity Board - Compensation - [Electricity Act, 2003 - Section 161, Section 162] - The court ordered the transfer of compensation amount to be deposited in a bank in the name of the minor petitioner, with interest to be used for his well-being and education until he attains majority. The District Legal Services Authority was directed to monitor the proper utilization of the compensation and provide guidance for its use in the future. The State and Electricity Board were directed to consider employing the petitioner upon attaining the requisite qualifications.

Fact of the Case:

The petitioner, a minor, sought compensation from the H.P. State Electricity Board Limited for the amputation of both arms due to electrocution. The Board agreed to pay a sum of Rs. 25.00 Lac to the petitioner, and the court directed the transfer of the compensation amount to be deposited in a bank in the name of the minor petitioner.

Finding of the Court:

The court disposed of the writ petition with directions for the transfer and utilization of the compensation amount, monitoring by the District Legal Services Authority, and consideration of employment by the State and Electricity Board upon the petitioner attaining the requisite qualifications.

Issues: Compensation for electrocution injuries, proper utilization and monitoring of compensation amount, future employment opportunities for the petitioner.

Ratio Decidendi: The court emphasized the proper utilization and monitoring of the compensation amount for the well-being and education of the minor petitioner, and directed consideration of future employment opportunities for the petitioner upon attaining the requisite qualifications.

Final Decision: The writ petition was disposed of with directions for the transfer and utilization of the compensation amount, monitoring by the District Legal Services Authority, and consideration of employment by the State and Electricity Board upon the petitioner attaining the requisite qualifications.

Advocates Appeared:
N.K. Thakur, Adv., Anubhav Chopra, Adv., Ashok Sharma, Adv., Ranjan Sharma, Adv., Adarsh Sharma, Adv., Ritta Goswami, Adv., Nand Lal Thakur, Adv., Manoj Bagga, Adv., Tara Singh Chauhan, Adv.

JUDGMENT :

Surya Kant, J.

The petitioner, who was born on 12th February, 2007 and is now aged about 12 years, has filed the instant writ petition seeking compensation of rupees One Crore from the Authorities of H.P. State Electricity Board Limited, as both his arms had to be amputated on account of the serious burn and other injuries suffered by him due to electrocution. The petitioner was hardly nine years old when the unfortunate accident took place on 30th November, 2016, when he was playing on the roof of the shop of his family friend and he came in contact with a high tension live wire of 11 KV, which was lying low and thus got electrocuted.

2. This Court has passed various orders from time to time, including timely medical treatment to be provided to the petitioner. He has since been discharged from the Hospital and is living with his parents. The petitioner's both arms having been amputated, he has become 100% physically disabled. The mental and physical agony to be suffered by him throughout his life cannot possibly be explained in words. His dreams of career pursuits have also been completely shattered. It was in this backdrop that the H.P. State Electricity Board Limited Authorities through their Standing Counsel agreed to deposit a sum of Rs. 25.00 Lac in the Registry of this Court, without prejudice to the respective rights and contentions of the parties and subject to the final outcome of this writ petition. The aforesaid amount was in addition to Rs. 2.00 Lac, which was paid as an interim compensation in terms of orders dated 19th April, 2017, passed by this Court. The above stated amount of Rs. 25.00 Lac is lying in the shape of FDR in the Registry of this Court in a Nationalized Bank. As per the latest report submitted by the Registry, interest amounting to Rs. 1,68,463/- has accrued on the said FDR.

3. During the course of hearing on the previous date, learned Counsel for the H.P. State Electricity Board Limited sought time to have fresh instructions from the Authorities. He has now received a communication dated 11.01.2019, a photostat copy whereof is placed on record, according to which, the respondent-Board has agreed to pay a sum of Rs. 25.00 Lac to the full and final satisfaction of the claim of the petitioner. The aforesaid offer is acceptable to learned Counsel for the petitioner.

4. In this view of the matter, the instant writ petition is disposed of with a direction to the Registry of this Court to transfer the amount of Rs. 25.00 Lac lying in the shape of FDR in the name of the petitioner (minor) to be deposited in the shape of FDR in Punjab National Bank Branch at Saloh, Tehsil and District Una, HP, in a scheme in which it could fetch maximum rate of interest. The amount of Rs. 25.00 Lac shall remain in the shape of FDR till the petitioner attains the age of majority. The Branch Manager of the aforesaid Bank is directed to release the interest accruing on the FDR on quarterly basis in favour of father of the petitioner, so that the same could be spent on the education and day to day well being of the petitioner (minor). The interest amount of Rs. 1,68,463/-, which has accrued so far, shall also be transferred by the Registry separately in favour of father of the petitioner for the aforementioned purposes.

5. Meanwhile, the Secretary of the District Legal Services Authority, Una, will find out any more beneficial scheme, whether in the Post Office or in the other Nationalized or State owned Bank, where if the amount of Rs. 25.00 Lac is kept in the shape of FDR or is deposited, it can fetch maximum rate of interest or provide better financial assistance to the family of the petitioner, keeping the principal amount intact in the name of the petitioner till he attains the age of majority. The Secretary, District Legal Services Authority, Una, shall thereafter contact the father of the petitioner and counsel/persuade him to accept such proposal. If need be, a report can be sent to this Court for modification o








1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top