IMPORTANT POINT
The court emphasized the importance of evidence in establishing negligence and relied on the statutory provisions of the Electricity Act, 2003 to support its decision.

JUDGMENT :

1. Heard Sri Ran Vijay Singh, learned counsel for the petitioner who has argued the said matter for admission.

2. The order assailed in the present writ petition is dated 10.8.2023 passed by Permanent Lok Adalat, District Hardoi in case No.24 of 2020 where the claim preferred by the claimant/respondent has been allowed and compensation of Rs.6 lakhs has been granted for the injuries suffered by the claimant where he has lost two arms and suffered serious burn injuries on his body.

3. Brief facts of the case are that the respondent/claimant Ram Roop is a resident of Gram panchayat -Datapur, Mallawan, Tehsil Bilgram, District Hardoi and is a farmer. On 27.6.2019 when he was working at his fields where 11 KVA line passed over the said field and he came in contact with the stay wire due to which he suffered serious injuries on his head and both his arms were severed and immediately he was taken to local Primary Health Centre from where looking to his worsening condition he was referred to King Georges Medical University, Lucknow.

4. Considering the seriousness of the injuries suffered by the respondent the police was also informed of the said incident on 2.7.2019 and request was made to the petitioners to pay adequate compensation looking into the injuries. It seems that despite waiting for sufficient time when they did not hear anything from the petitioners with regard to grant of compensation he had filed a claim before Permanent Lok Adalat, Hardoi. The said claim was filed through wife of the injures. It was stated that the injured had suffered 80 percent burn injuries and also had lost his arms and due to the aforesaid disabilities it was difficult for him to even continue with his daily routine and he could no longer work in the fields from which he was deriving his livelihood. It was stated that due the said incident he suffered mentally and physically and his life became extremely difficult which is merely on account of the negligence of the petitioners and, therefore, prayed that he should be adequately compensated.

5. Notices were issued to the petitioner who put in appearance before the Permanent Lok Adalat. They had denied the allegations made by the claimant. They even denied occurrence of the said incident and stated that the said incident has been stage managed by the injured.

6. With regard to the same incident Electricity Safety Department of the petitioner had also conducted their inquiry wherein it was confirmed that stay wire which supports the pylons had come in contact with the claimant, who had received the said injuries. The report of the Electricity Safety Department had conclusively proved and supported the said case of the claimant and clearly indicated that there was clear negligence on part of the petitioner where 11 KVA wire had come in contact with stay wire which in turn was implanted in his field and the claimant had come in contact with the stay wire and received injuries due to which he lost both his arms and suffered serious injuries. It is in aforesaid facts that Permanent Lok Adalat had framed three issues for consideration.

7. The first issue was with regard to as to whether the claimant had, in fact, come in contact with the stay wire which was electrified and due to which both his hands were lost and he suffered injuries. He has taken into account the fact that due to various versions of the incident there was difference of 45 minutes gap in the time of occurrence of the said incident but it could not be denied that the claimant had suffered serious burn injures and amputation of his hand due to coming in touch with life electricity wire.

8. The case of the claimant was duly submitted by his wife who also deposed and reiterated the facts as stated hereinabvoe. Permanent Lok Adalat concluded that the accident had, in fact, occurred between 8.30 to 9.00 hours on 27.6.2019 when the claimant had come in contact with live electricity wire and suffered serious injuries.

9. The second issue was w