JUDGMENT :

M.A. CHOWDHARY, J.

1. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu & Kashmir, seeking indulgence of this Court for issuance of appropriate writ of mandamus, directing the respondents to pay compensation to the tune of Rs. 71,06,672/-, along with interest @ 9 % per annum from the date of filing of writ petition till the date of realization in favour of the petitioner, on account of 100 % permanent disability suffered by the petitioner, due to his electrocution on 06.09.2012, because of the negligence of the respondents.

2. Briefly stated, the case of the petitioner is that on 06.09.2012 at about 12:30 p.m. while he was present at his shop at Daruie, the local PDD Lineman, namely Bishamber Dass, approached him and requested his assistance in removing a dead bird from a high-tension electric wire; that the petitioner initially declined, but upon the Lineman expressing his inability to do the work, due to a wrist fracture and assuring that the power supply had been disconnected, the petitioner agreed and climbed a ladder to remove the bird. However, on touching the angle attached to the pole, he found the line to be live, received electric shock and sustained severe burn injuries on both hands; that the petitioner was thrown off due to the electric shock and suffered serious injuries. In this regard, FIR No. 172/2012 dated 06.09.2012 under Sections 287/337 RPC came to be registered at Police Station Samba, and upon completion of investigation, a challan under Sections 287/338 RPC was presented before the Court of the Chief Judicial Magistrate, Samba, against Lineman Bishamber Dass.

3. It is further pleaded that immediately after the accident, the petitioner was taken to the District Hospital, Samba, from where on 06.09.2012, he was referred to Government Medical College Hospital, Jammu, where he was admitted as a case of electric burns involving both hands and forearms. It is stated that despite treatment, his condition deteriorated and he was subsequently shifted to Hargun Hospital Amritsar, under the care of Dr. Gurvinder Singh, where he developed multi-organ complications, was placed on mechanical ventilation, and received treatment for associated ailments; that owing to the high cost of treatment, the petitioner sought discharge from the said hospital on 20.09.2012 and, on the following day i.e. 21.09.2012, was again admitted to Government Medical College Hospital, Jammu. He was discharged on 01.10.2012, however, due to deterioration in his condition, he was readmitted there on 04.10.2012 and was finally discharged on 25.10.2012, after which he continued to remain under follow-up treatment; that during treatment both of his forearms were amputated rendering him permanently disabled.

4. It is lastly pleaded by the petitioner that he incurred medical expenses exceeding Rs. 5,00,000/- on treatment and doctors’ consultation, however, only a limited number of medical bills and vouchers could be preserved by his attendants; that the doctors at Government Medical College Hospital, Jammu referred him to the Artificial Limb Centre for prosthetic management, where the estimated cost of the procedure was stated to be Rs. 4,96,400/-.

5. Learned counsel for the petitioner argued that petitioner, as per the disability certificate issued by a Board of Doctors (BoD) had suffered 100% permanent disability; that he has lost monthly income of Rs.10,000/- which he used to earn from his welding unit as a trained/skilled welder; that he has already incurred expenditure on his treatment and also requires prosthetic aids of artificial limbs and prayed that he be awarded just and fair compensation for electrocution. In support of his contentions, learned counsel for the petitioner placed reliance of the decisions rendered by the Apex Court in the cases Syad Akbar Vs. State of Karnataka, AIR 1979 SC 1848, M.P. Electricity Board Vs. Shail