The court held that the respondents' gross negligence in failing to provide safety measures around the transformer led to the electrocution of a minor, warranting compensation for the victim's injuries and future losses.

JUDGMENT

Ahanthem Bimol Singh, J. - Heard Mr. Aaron Keishing, learned counsel appearing for the petitioner and Mr. A. Vashum, learned GA appearing for the respondents.

2. The present writ petition had been filed on behalf of a three years old boy claiming compensation for the injuries and physical disabilities suffered by him due to electrocution caused by sheer negligence of the authorities.

3. The petitioner is the natural father of the minor victim boy, namely, Lansingam Dangmei, and residing at an interior hill Village called Siangai Namdai (Parengba), in Senapati District of Manipur State. The petitioner and his minor son are Scheduled Tribes and belongs to a very poor family, who are below the poverty line. The petitioner is a Cultivator and a wage earner for daily food. According to the petitioner, the respondents installed a high voltage electric transformer (Transformer-II) nearby a road side within the residential areas of the petitioner's village without any protected fencing or precautionary notice against possibility of danger of electric shock. On the fateful day, i.e., on 13-11-2014, the petitioner's son, who was only three years old at that time, was playing a ball with his friends and he accidentally touched the said electric transformer when he went near the high voltage electric transformer to pick up the ball and he was electrocuted when he came in contact with the said high voltage electric transformer.

4. The victim boy received grievous burn and injuries in his right hand and face due to electrocution and he was admitted at Regional Institute of Medical Sciences (RIMS), Hospital at Imphal on the same day of the incident. As per the diagnosis given by the Doctor after clinical examination, the victim boy suffered full thickness burn scalp, 3 burn in right palm and wrist, 2 burn at right cubital and axillary fold (anteria), 1 burn at face, etc. Due to the high voltage electric burn injuries suffered by the victim boy, his right hand below the elbow was amputated and he suffered 100% disability of his right hand and 70% permanent disability for his whole life.

5. According to the petitioner, his son remained hospitalized w.e.f. 13-11-2014 to 02-02-2015 in RIMS Hospital for his treatment, though there were interim discharge in between. According to the petitioner, the hospitalization and treatment of his son was very expensive and in addition to the expenditure for treatments, tests and medicines of his son, there were other expenditures which cannot be recorded during the miserable situation and the expenditure in the form of energy, labour and time were potentially huge. The unfortunate incident caused immense misery to the victim boy and his poor family members in various forms and the petitioner had to leave his daily labours for earning his livelihood as the petitioner was running here and there for hospitalization and treatment of his minor son. After the said incident, the victim boy was in need of special care and attention and the victim boy and his parents and family members have suffered pain, agony and trauma and he cannot continue his future life as a normal person and he became totally dependent upon his family members even for day to day activities for his entire life due to amputation of his right hand.

6. It is the case of the petitioner that the Transformer-II at Siangai Namdai village was installed by the authorities without any fencing and with no precautionary notice for preventing any unwanted incident of electrocution and as such the petitioner's minor son suffered his injuries and physical disabilities on account of the gross negligence of the respondents and accordingly the respondents are liable to pay just and fair compensation to the victim boy According to the petitioner, his son would normally have started earning at least Rs. 35,000/- per month after attaining the age of 25 years and his life expectancy can safely be taken as per the prevailing trends as 70 years and that his son wou