The liability of power department officials for negligence resulting in injury and the determination of compensation based on the extent of disability and future earning potential.

JUDGMENT :

1. The petitioner, who is an unfortunate girl child of 14 years of age, after having suffered amputation of her right arm up to shoulder level and two fingers of left foot because of electrocution, has filed the present petition through her father for grant of compensation for an amount of Rs. 50,00,000/- along with interest by stating therein that on 03.09.2020 while she was playing with other children in a vacant common land situated near to her house at Village, Nathal Senui, Tehsil Kharah Balli District Jammu, she came into contact with 11 KV electric wire which was hanging in air just four to five feet above the ground level, as a result of which the petitioner suffered electric shock. Due to electrocution, the petitioner suffered multiple burn injuries on her whole body, particularly on her right arm, legs, foot and private part. The case projected by the petitioner in the present writ petition is that the petitioner suffered electric shock due to negligence on part of the officials of the respondents as they failed to maintain safe distance between the high-tension wires and the ground, so as to prevent any human being coming into contact with the electric wires.

2. The petitioner claims to have obtained treatment from the Government Medical College, Jammu. She was also treated at Amandeep Hospital, Amritsar, where she was operated upon and her right arm up to shoulder level and two fingers of left foot were amputated. The petitioner suffered permanent disablement to the extent of 90 percent. It is also stated that the FIR No. 0021/2021 dated 08.04.2021 in respect of the aforesaid incident was registered and the charge-sheet has also been filed against the respondent No. 5 and one Romesh Lal (lineman) for commission of offences under Sections 336, 337 and 338 IPC. The petitioner has placed on record the discharge summary and also the bills in respect of the expenses incurred on her treatment. The petitioner has claimed the compensation on account of permanent disablement to the extent of 90 percent suffered by her, requirement of attendant and also for the Bionic Prosthesis. The petitioner has also claimed compensation for mental and physical shock, loss of amenities, on account of loss of expectation of life and on account of inconvenience, hardship and discomfort in life.

3. The respondents have filed the response, stating therein that the writ petition filed by the petitioner is not maintainable as disputed questions of facts have been raised by the petitioner and it is further stated that on 03.09.2020 at about 4 P.M. an electrical accident occurred at village Nathal Seoni in which one Manisha Devi was injured. It is stated that on 03.09.2020 due to high flash flood and newly constructed bridge, huge silt was deposited in the Nathal Khad. The petitioner along with other children was playing in the Nathal Khad area under 11 KV Nathal Feeder which was passing over there. While standing on the huge deposited silt she raised/threw something up and came in to contact with the live conductor of 11 KV lines which was passing over there and hence resulted into electric incident. It is the stand of the respondents that there was no negligence on part of the Power Development Department and an enquiry was also conducted in which no negligence on part of the officials of the department was found. The respondents have placed on record the detailed enquiry report.

4. Mr. Vilakshan Singh, learned counsel for the petitioner has submitted that whole life of the petitioner has been spoiled because of negligence on part of the officials of the respondents in maintaining the proper distance of electric wires from the ground, as the wires were hanging just four to five feet above the ground. He placed reliance upon the judgment of Hon’ble the Supreme Court of India in case titled “State of Himachal Pradesh and others Vs. Naval Kumar alias Rohit Kumar” reported as 2017 (3) SCC 115, and prayed that compensation of Rs.1.00 crore be