Enterprises engaged in hazardous activities are strictly liable for injuries caused, with no exceptions to liability, emphasizing the need for timely compensation.

JUDGMENT :

1. Petitioner prays to direct respondents to release compensation of Rs.20.00 Lacs in his favour which would include his hospitalization charges, operation, so long treatment, diet, transportation, care taking, mental pain and agony, future prospects and element of permanent disability. He also prays to direct official respondents to consider objectively and sympathetically petitioner for a suitable job in the said department as per his qualification so that he may not feel dependent and handicapped in his life because of aforesaid incident and can be rehabilitated permanently.

2. I have heard learned counsel for parties and considered the matter.

3. Brief facts summarized by petitioner in instant writ petition are that on 9 th March 2007, petitioner was eight years of age. He along with other children was playing near live wire electric transformer which was uncovered/uninsulated. The child/petitioner received electric shock due to a snapped 11 KV line at village Kujjar Kulgam as it was open uncovered/uninsulated electric wire which resulted in severe burn injuries on left side of his head, arm and other parts of body. He was immediately admitted to SKIMS, Srinagar. Police station Yaripora Kulgam entered a report no.4 of 11th March 2007. Statement of witnesses was recorded by police and FIR was registered. Due to high degree of electric shock, petitioner’s left arm was amputated and he obtained grievous injury in left side of head. Medical Board, Kulgam, declared him 75% disabled. District Superintendent of Police, Kulgam, got the matter verified and submitted are report to Deputy Commissioner, Kulgam, on 15th December 2009. Thereafter nothing was done by respondent, while petitioner was undergoing treatment even when his father had very little resources, yet still continued petitioner’s treatment. Plastic surgery, burns, reconstructive and micro-surgery, was being conducted by SKIMS Srinagar, which according to petitioner is evident from letter (Annexure B to writ petition). On representation of petitioner, Executive Engineer, ED Kulgam, in 2017 ordered AEE, Kulgam, to submit concrete report. It is being stated by petitioner that respondent-State admits that petitioner received a severe electric shock due to a snapped 11 KV line at village Kujjar. However, till date he has not been compensated by respondents.

4. The stand taken by respondents 1, 3 & 4 (Power Development Department), in their Reply is that petitioner while was playing near electric transformer installed in village Kujjar, got struck with electric transformer/electric wire, resulting in serious burn injuries on hand, arm and other body parts. Respondents admit that police station of Yaripora entered a report vide DD no.04 dated 11th March 2007, after which a police party was deputed to SKIMS Hospital, Srinagar, where petitioner was admitted for treatment and that statement of some of the witnesses was recorded and medical record was obtained. As per statement of Superintendent of Police, Kulgam, vide no.CRB/ INJ/ 09/15410 dated 15th December 2009, it has been found that there was no fault on the part of anyone, but the child got stuck with electric transformer/wire while playing with other children. Due to electric shock, the child received grievous injuries, amputation of left mid-fore arm and hand. Respondents state that writ petition has been filed after nine years, which is hit by delay and laches. In view of permanent damage suffered by petitioner and serious injuries, Assistant Executive Engineer, EM&RE, Sub Division, Kulgam, has recommended the case of petitioner for relief and rehabilitation on humanitarian grounds that has been forwarded by Chief Engineer, EM&RE, vide letter dated 11th October 2007 to Development Commissioner, Power.

5. In compliance to the order dated 30th January 2024, passed by this Court, petitioner has filed supplementary-affidavit. Petitioner has placed on record an Inpatient Estimate dated 31st January 2024, issued by Plu