JUDGMENT :

1. Heard Sri Rajnath Yadav, learned counsel for the petitioner, learned Standing Counsel for the State respondents no. 1 and 4 and Sri Narendra Kumar Tiwari, learned counsel for the respondents no. 2 and 3.

2. Rejoinder affidavit filed today is taken on record.

3. On 16.1.2023, this Court passed the following order:-

“Heard Sri Rajnath Yadav, learned counsel for the petitioner, Sri Manish Kumar, learned Standing Counsel for respondent nos. 1 and 4 and Sri Narendra Kumar Tiwari, learned counsel for respondent nos. 2 and 3/Purvanchal, Vidyut Vitran Nigam Limited, Kaushambi/Varanasi.

It is admitted case of the respondents that the petitioner aged about 18 years as on 7.12.2020, lost her right hand below right elbow and left thumb due to electrocution on 22.7.2020 caused by 11 KV three phase line which was found at the height of 1.80 meter as against standard height of 4.6 meter. Thus, physical disability caused to the petitioner by negligence of the respondents is undisputed.

The respondents have merely granted compensation of Rs. 1,40,000/ to the petitioner by which she could hardly meet expenses of her treatment. As per the certificate issued by the Chief Medical Officer, Kaushambi, the petitioner has incurred permanent physical disability of 70%. Having lost her right hand below elbow and left thumb, her whole life stood ruined and, she has become incapacitated to engage herself to earn her livelihood and shall remain dependent for whole life.

Despite the aforesaid fatal incident, the compensation payable to the petitioner has not been computed in accordance with law more particularly the law laid down by this Court in Writ-C No. 25065 of 2022 (Kaneez Fatima Vs. State of U.P. and others) decided on 9.11.2022.

Considering the facts and circumstances of the case, we direct the respondent nos. 1 and 2 to file separate counter affidavits within two weeks from today. The petitioner shall have one week thereafter to file rejoinder affidavit.

Put up as a fresh case on 3.2.2023.”

4. Most of the relevant facts stated in the writ petition have been admitted by the respondent no. 2 in his counter affidavit dated 1.2.2023. Paragraphs 4, 5, 6, 12, 20 and 21 of the counter affidavit are relevant which are reproduced below:-

“4. That, a first information report was lodged by mother of petitioner after deliberate delay on 21-08-2020 bearing case crime No. 299 of 2020, under section 338 of I.P.C at concern police station-Paschim Sharira, District-Kaushambi. The reason of delay has not been explained by the informant. The Director Electrical Safety submitted its report on 09-09-2020 with its recommendations.

5. That, claim in respect to compensation has been filed by the petitioner. The claim of petitioner has been considered as per the provisions of the office memorandum dated 25-09-2021 (U.P.P.C.L.) applicable in case of petitioner. There are guidelines to calculate the amount of compensation including application of multiplier and income factor of the injured. The case of petitioner is covered with the 2nd row of the table II of the circular dated 25092021 (U.P.P.C.L.) applicable to calculate compensation for permanent disability.

A Copy of the office memorandum dated 25-09-2021 (U.P.P.C.L.) issued by the U.P. Power Corporation is being filed herewith and marked as ANNEXURE NO. CA-1 to this affidavit.

6. That, the age of injured is admittedly 17 years as mentioned in first information report that means above 15 and below 20 years as mention at Sl. No.2 of the table-II annexed with the office memorandum. There is no income proof of injured as such the factor of notional income will apply. The multiplier of 16 will apply. The percentage of disability is 70% as per medical report. The amount of compensation is mentioned for above mentioned claim is Rs. 5,81,200/- in table-II.

12. That, the contents of paragraph no. 5 of the writ petition needs