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2017 Supreme(All) 423

ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : SHRI NARAYAN SHUKLA AND SHEO KUMAR SINGH-I, JJ.
YASH PAL SINGH (MINOR) AND ANOTHER ....Petitioners
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition (M/B) No. 6929 of 2014, decided on 24th April, 2017)

Advocates:
Counsel :
S.S. Chaubey for the Petitioners; C.S.C., Kaushal Mani Tripathi and Prashant Arora for the Respondents.

Headnote:Electricity Act, 2003—Sections 2(6), 2(10), 2(48), 53, 68, 70 and 161—Intimation of Accidents (Form and time of service of notice) Rules, 2005—Rules 3, 29, 30, 35, 46, 79, 80 and 91—Constitution of India, 1950—Articles 21, 14 and 226—Strict Liability—Death due to electrocution—Right to compensation—Two innocent children came into contact with a naked 11 KV transmission line while playing ball—Aforesaid electric lines passing over roof of House—Due to electrocution both children got seriously injured—100% permanent disability—Electricity Authorities duty bound to provide safeguards—Fundamental rights of victims under Article 21 violated—By way of penalizing wrong doer Court may grant compensation—Minimum expenditure to be incurred on maintenance of life of petitioners assessed at Rs. 10,000/- per month, i.e. Rs. 1,20,000/- per annum—Minimum expectency of life taken at 50 years—Compensation worked out Rs. 10,000 x 12 x 50 = 60,00,000/- to each petitioner—Respondents also directed to pay Rs. 4,00,000/- to natural guardians of each of petitioners for trauma, mental shock, pain and agony—Directions issued. [Paras 20 to 63]

       Result; Petition Allowed.

       

JUDGMENT

Hon’ble Sheo Kumar Singh-I, J.—The child is the father of the man. But if the things which have been provided to the child by Almighty God as a natural gift are taken away by the instrumentality of the man through his negligence and carelessness, a question is raised as to how the child will be the father of the man.

2. Two kids, namely Yash Pal Singh, aged about 12 years and Ankit Kumar Yadav, aged about 14 years, were playing ball in front of House No. 31 belonging to Mr. R.C. Singh situated in Gaurav Bihar Colony, Police Station Chinhat, Lucknow, and this tragic and heart rending accident took place on 11.6.2011 at about 04.30 PM, when during course of playing ball both innocent children came into contact with a naked 11 KV transmission line passing over by touching the roof of House No. 31, and in consequence thereof both the innocent children injured seriously by electrocution as a consequence both hands and a leg of both the children have been amputated, a rare condition, leading to something even worse than 100% permanent disability. Playing with ball is most favourite game of small kids and a source of pleasure and happiness but they were unaware of the fact that the source of happiness will be cause of their sorrow and suffering. Now, for the rest of life whenever they will see the children playing with ball, a tragic memory will revive in their mind reminding this tragic playing with ball, electrocution and amputation of their important organs i.e. hands and one leg.

3. By means of this writ petition filed under Article 226 of the Constitution of India, the injured Yash Pal Singh and Ankit Kumar Yadav have claimed for compensation from the respondents for loss of both arms and a leg severed leaving stumps at a tender age with almost all avenues open to earn and support himself in future shut and so also to be denied the small pleasures of growing up to do ordinary things that children do, and left to face life completely dependent on others till they alive. They may never be able to feed themselves both literally and metaphorically.

4. After the above mentioned incident on 11.6.2011 at 04.30 PM, the petitioner No. 1 was got admitted in Dr. Ram Manohar Lohiya Hospital, Gomti Nagar, Lucknow by his sister Richa Singh where he was examined and after giving first aid, the doctors of the Lohiya hospital referred him to King Georges Medical University, Lucknow, where he was admitted and for treatment, both injured persons were shifted to Burn and Trauma Center Lucknow. When the position of the burn injuries became worse and the doctors came to the conclusion that unless both arms from shoulders and the left leg from upper thigh and claw of right leg of other petitioner will not be amputated then their entire body will be affected with gangrene and then they could not be found safe. In these compelling circumstances, the aforesaid parts of the petitioners’ body were amputated and the petitioners remained as stump having no arm and one leg. As such, the petitioners have been deprived all the enjoyment/pleasure of life having no hope to recover it. At the time of the incident, petitioner No. 1 was studying in Lucknow Public College in class VIII and he was very promising student. Ankit Kumar Yadav, petitioner No. 2, was also a student of class X in Diamond Public Inter College, Chinhat, Lucknow and he also suffered from triple amputation of his both arms and one leg leaving him stump and the more unfortunate part, as narrated in the petition, is that the father of Ankit Kumar Yadav was no more at the time of incident and he is the only male issue having two sisters and his mother, having no source of income. The petitioners made a request in the form of representation or complaint raising their grievance before the competent authority which was received in the office of opposite party No. 3 but the opposite parti










































































































































































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