Pay Rs 1.25 cr relief to victim, HC tells electricity board

Vijay Arora

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Shimla, January 13

The state high court has directed the Himachal Pradesh State Electricity Board to pay Rs 1.25 crore as compensation to Naval Kumar, an eight-year-old boy who came in contact with a live wire in 2012 at Chowri in Chamba, due to the board’s negligence.

While passing the order, the division bench comprising Justice Rajiv Sharma and Justice Sureshwar Thakur observed that a person injured due to the negligence of others was entitled to general damages for non-pecuniary loss such as pain, suffering and loss of amenities and also pecuniary loss, both past and future. The petitioner is also entitled to damages for the loss of ability to use his limbs, including the loss of pride and pleasure and loss of marriage prospects.

The bench observed, “We can take judicial notice of the fact that the help of family would not be available to him throughout his life. He cannot marry with this condition. He and his family members have suffered trauma after the accident. He has to be provided with sufficient compensation for his entire life.”

The petitioner alleged that he came in contact with a high-tension live wire (11 KV), Lahru-Chowari Line, in Chamba. He got electrocuted and received serious burn and other injuries. The FIR in the case was registered on March 18, 2012. Naval was referred to Dr Rajendra Prasad Government Medical College and Hospital, Tanda, in Kangra. Thereafter, he was operated upon on March 25, 2012. His arms were amputated and he has suffered 100 per cent disability.

It was alleged that the electricity board was duty bound to lay and maintain the high tension line according to the provisions made under the Electricity Act, 2003, but it failed to do so.

The court further directed the board to take all remedial measures to raise the height of the Lahru-Chowari Line. The court passed this order last Friday.