In a Judgment passed on 17th December 2014 in the matter of Raman vs Uttar Haryana Bijli Vitran Nigam Ltd. Civil Appeal No. 11466/2014, the Supreme Court of India awarded compensation of Rs.60 lakh to a child who suffered injuries due to negligence of electricity authority.
Raman, a 4 year boy in 2011 was electrocuted on 3.11.2011
by coming in direct contact with the naked electric wire lying open on the roof
of his House in Panipat. The injuries were such that doctors were left with no
other option but to carry out triple amputation by removing both his arms upto
arm pit and left leg upto knee as the grievous injuries suffered were not curable.
It was 100% permanent disability.
Prior to this tragic incident, the boy’s father along with
other neighbours had given representations to the electricity company to remove
the iron angle from the vicinity of the residential area, as it endangers the life
of around 40 to 60 families which is densely populated, but no action was
taken.
The boy’s father filed a writ petition in Punjab &
Haryana High Court which directed electricity company to compensate the child.
But on appeal by electricity company, the Division Bench reduced the
compensation amount.
On filing appeal by the child through father, the Supreme
Court restored the compensation of Rs.60 lakh ordered by the single Judge and
also directed in case the child does not survive till 21 years of age, the
amount will go to his legal heirs. The Supreme Court, taking a compassionate
view, observed : He is virtually dead wood and further, he has to undergo
continuous pain and suffering at the time of attending nature's call, sitting,
standing, walking and sleeping. He has to face difficulties on all walks of
life, which is worse than death. His childhood is lost, the marital status and
happiness is lost, which cannot be compensated in terms of money. He has to
undergo a great ordeal and agony throughout his life”.
This is a landmark judgment on the issue of damages to be
awarded in case of personal injury due to negligence.
Click below for Full Text of Judgment
