Apex court restores Rs60 lakh compensation to victim

R. Sedhuraman

Legal Correspondent

New Delhi, December 21

The Supreme Court has restored the Rs 60 lakh-compensation awarded to Panipat's five-year-old child, Raman, who lost his hands and his right leg following an electrocution on November 3, 2011.

The victim had come in contact with a high tension wire of the Uttar Haryana Bijli Vitran Nigam Ltd while playing on the terrace of his house, after which doctors declared the child disabled.

A Single Bench of the Punjab and Haryana High Court decided the compensation amount at Rs 60 lakh, but a Division Bench of the HC had, on an appeal filed by the Nigam, reduced it to Rs 30 lakh. The HC's Division Bench had, however, asked the Nigam to pay an additional amount of Rs 10,000 every month till the boy turned 21.

An apex court Bench comprising Justices V Gopala Gowda and C Nagappan ruled that the Division Bench's judgment "is wholly unreasonable and therefore it is unsustainable in law as it would affect the right of Raman for getting his legal entitlement of just and reasonable compensation for the Nigam's negligence."

The SC also modified the compensation order for the benefit of the child's family. Under the HC's first verdict, the Rs 60 lakh was to be kept in two fixed deposits, each one with Rs 30 lakh. The interest earned from one of the accounts was to go to Raman's parents for bringing up their child till he attained the age of 18 years.

If the child did not survive till the age of 18, the compensation was to go back to the Nigam. According to the HC, this provision was necessary to ensure that the child was not neglected by his guardians.

"If the claimants die, then the Succession Act of their respective religion would apply to succeed to such estate by the legal heirs of the victims and/or claimants," the apex court explained. In the judgment delivered on December 17, the SC noted that the HC's Division Bench had ignored the fact that the victim had to undergo continuous pain and suffering at the time of attending to the nature's call, sitting, standing, walking and sleeping. 

How it happened

The victim had come in contact with a high tension wire of the Uttar Haryana Bijli Vitran Nigam Ltd while playing on the terrace of his house, after which the doctors declared him disabled.