© IE Online Media Services Pvt Ltd
Journalism of Courage
Premium
29 years on, Allahabad High Court awards Rs 26 lakh to man who lost hands as child
The court remarked that a seven-year old child is not expected to be aware of the imminent danger from a transformer.
The incident occurred way back in 1997. (Image generated using AI)
While holding state electricity authorities strictly liable, the Allahabad High Court recently awarded Rs 26.65 lakh compensation to a man who lost both his hands as a child after coming into contact with a transformer.
Justice Sandeep Jain allowed the appeal filed by the victim, who was seven years old at the time of the accident in 1997, observing that a seven-year old child is not expected to be aware of the imminent danger from a transformer.
“It is also apparent that it is not expected from a child of 7 years of age to be aware of the imminent danger from a transformer, as such, the defendant cannot take the plea of negligence on the part of the plaintiff, for avoiding its tortious liability,” the court said in its order passed on April 15.
Justice Sandeep Jain set aside the impugned order.
1997 incident
The appellant as a child suffered severe burn injuries after coming in contact with an 11000 KV transformer installed in the open, just a few feet from a primary school in Agra. It was alleged that the transformer had no fencing or protective barrier, despite being located in an area frequented by children.
Due to the injuries both his hands had to be amputated, leaving him permanently disabled and dependent on others for daily activities.
The appellant’s suit for Rs 58 lakh compensation was dismissed by a district court holding that the accident occurred due to the child’s own negligence.
Compensation granted
The high court noted that from the evidence on record it was proved that the transformer was kept just outside the school, on the road, unprotected and unsecured, and was not fenced, barricaded or caged.
Story continues below this ad
“There is no evidence on record to prove that transformer was indeed surrounded by any fencing, barricading or it was caged so as to prevent anyone from accidentally coming in contact with it,” the court observed.
It added that the defendants in the suit, UP electricity board, had failed to prove that the appellant climbed the cemented platform on which the transformer was installed and deliberately touched the transformer.
The court proceeded to determine compensation noting that it will be a travesty of justice if the case is remanded to the trial court for determination of compensation as 29 years had already lapsed after the accident.
“It will be a travesty of justice if the case is remanded to the trial court for determination of compensation because 29 years have already lapsed after the accident and it will further prolong the agony of the plaintiff and his family,” the court said.
Story continues below this ad
It noted that the victim had suffered 100% functional disability due to the amputation of both hands with his childhood being spoiled and marriage prospects being vanished.
The court held the appellant entitled to a total compensation of Rs 26.65 lakh for the injuries suffered by him. It also held him entitled to pendentelite and future interest on the above compensation at the rate of 6 per cent per annum.
Advertisement
Loading Recommendations...
Advertisement
Live Blog