From Rs 18 lakh to Rs 1 crore: Why Punjab and Haryana High Court increased payout by 450% for 6-year-old’s life altering injury

The order added that there can be no dispute that human life and well-being have no price in monetary terms, and if a person dies or suffers injuries by electrocution due to the misfeasance and carelessness of the distribution licensee, a case for payment of compensation would arise.

Critising the Nigam’s attempt to avoid liability, the bench stated that the Nigam was duty-bound to follow the safety measures required to be observed for the supply/transmission of electricity.

The bench said that the petitioner is entitled to be put in the same position in which she would have been if she had not suffered the wrong. (Image enhanced using AI)

The court said that electricity is a dangerous commodity, and it is the statutory duty of the distribution licensee to put in place all protective measures and to abide by the statutory provisions in that regard.

The bench observed that for the injuries she suffered, she would not be able to lead and enjoy those comforts and amenities of life, which depend on freedom of movement.

‘Not a fault of six-year-old girl’

• There is no material brought on record to show that the petitioner was at any fault.
• Even about the allegation that the father of the petitioner had extended the balcony, in the absence of any material available on record and the fact that the respondent Nigam has accepted its negligence and liability, the petitioner cannot be held liable for contributory negligence.
• The manner in which the accident had occurred, it was for the Nigam to establish, contrary to the inquiry report, that there was no negligence on its part.
• Since the HT line carrying high voltage electricity was passing at a very close distance from the petitioner’s house, no contributing negligence can be attributed to a girl aged about six years.
• The petitioner has been crippled for her entire life. Her right arm has been amputated from the shoulder, and she has suffered damage to the fingers of her left hand.
• The disability record shows that the hat the same has been assessed as 92 per cent in relation to the right arm.
• The petitioner is a girl child of tender age, who has a whole life ahead of her and would have to learn to adjust to and overcome her disability.
• If the Nigam had taken precautions and installed the necessary safety devices, the accident could have been avoided.

‘Girl child has right to lead healthy, happy, and dignified life’

• The petitioner is entitled to be put in the same position in which she would have been if she had not suffered the wrong.
• The petitioner, a girl child now aged about ten years, has a right to lead a healthy, happy, and dignified life under Article 21 of the Constitution of India.
• Owing to the loss suffered on coming in contact with the high tension wire, when she was playing in her own home, she has to now live with the trauma and shall remain physically challenged throughout her life.
• The petitioner had just started her life and was at the threshold of being introduced into the formal education system.

• During her growing-up years, she would eventually compare herself with other children of her age, and not being physically in a position to carry on with all the activities that an able-bodied child does, she had to go through inconvenience, discomfort, frustration, and mental stress for the rest of her life.
• She would require a full-time attendant to guide and help her with the simple tasks, which require two arms/hands to complete.
• The petitioner is also entitled to employ an attendant to assist her in executing those simple tasks and empower her to overcome her physical incapacity and learn to be self-reliant.
• Even if the family members are providing for the said tasks, the petitioner is entitled to an award of damages for a whole-time attendant, for every day.
• The petitioner’s right arm having been amputated from the shoulder, she would require an advanced prosthetic arm, which would enable her to attend to her daily activities and carry on with life.

Liability is on Nigam: Order

• Noticing certain discrepancies and inadequacies in the compensation being paid earlier for fatal as well as non-fatal accidents of human beings due to electrocution, the Nigam has taken a conscious decision to compensate for the damage caused to human life.
• The petitioner suffered severe injuries upon coming into proximity/contact with the 11 kV HT line passing in front of her house.
• On an independent inquiry conducted by the Chief Electricity Inspector (CEI), the report regarding the cause of the accident and responsibility for the same in the instant case held the Nigam to be also responsible for the incident.
• The finding has been arrived at after noticing the factual position that an 11 kV Nawadi DS line is passing near the house of the victim, but allegedly, the petitioner’s father has illegally extended the balcony of his house towards the HT line.
• But, no material has been placed on record to substantiate the aforesaid allegation.
• Section 68 of the Electricity Act of 2003, and the relevant provisions of the Indian Electricity Rules, statutorily cast a duty on the distribution licensee.
• Nigam, in the present case, is to keep the humans living in and around habitation safe from any harm by the supply of potentially dangerous energy, especially through high-voltage transmission lines.
• The Nigam having failed to protect the life and property of the public at large in general and of the petitioner in particular, the present case falls within the ambit of strict liability.
• It is a fit case where the principle of res ipsa loquitur would apply with full strength.
• About the liability to pay compensation by the Nigam, in the case of a gravely injured child, the concept of contributory negligence cannot be made applicable.
• There can be no denying that a child functions according to his own reasoning and intelligence.

A life altered at age of six

• The petitioner, Anshu, was playing on the house’s terrace when she heard a sound that lured her toward the balcony, and she ran toward the source of the sound, i.e., toward the edge of the balcony.
• An 11 kV HT line ran in front of the house of the petitioner, almost touching the grill of the house.
• Unfortunately, the petitioner came in dangerous proximity to the high-tension wire running precariously close to the balcony and suffered severe burn injuries.
• The petitioner was immediately taken to Soni Devi Hospital, Neemrana, Rajasthan, from where, after being provided initial treatment, she was referred to PGIMER, Chandigarh.
• The injuries were so serious that during her treatment, her right arm was disarticulated/amputated from her right shoulder, and there was contracture of her left hand’s ring and little fingers.
• Resultantly, on account of amputation, the petitioner suffered 92 per cent permanent disability, being a case of locomotor disability.

Father’s endeavor for justice

• The father of the petitioner ran from pillar to post before various authorities and also filed criminal complaints against the respondent authorities, which did not yield any immediate result or relief in the form of interim financial assistance.
• After persistently following up on the matter, the FIR was registered under Section 338 (causing grievous hurt by act endangering life or personal safety of others) IPC at Police Station Ateli, District Mahendragarh.
• The Nigam had sanctioned Rs 18.92 lakh under its 2019 compensation policy, which the petitioner challenged as inadequate for failing to account for prospects, medical expenses, and the loss of marriage prospects.
• The petitioner approached the high court through her natural guardian, by way of a petition praying for compensation of a sum of Rs 2 crores to the petitioner.