HARIHARASUDHAN Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) This Writ Petition has been filed seeking a direction to direct the respondents 1 and 2 to pay a compensation of Rs.10,00,000/- (Rupees ten lakhs) to the minor daughter of the petitioner by name Srinidhi.

(2.) The case of the petitioner is that the petitioner is the father of Selvi. Srinidhi, who is aged about 6 years was playing along with other children at the terrace of the house on 03.12.2006 and the petitioner and other persons are busily attending the family rituals viz., grandfather's thithi. While being so, the petitioner's second daughter viz., Sandhiya, who was also playing with Selvi. Srinidhi came down screaming and informed them that Srinidhi was electrocuted while playing. Immediately, the petitioner and other persons rushed to the terrace and came to know that while playing near the parapet wall of the terrace, her flock of hair accidentally touched the high tension live wire passing close to the parapet wall and as a result, current passed through. Due to the electric shock, the petitioner daughter's right hand and leg extensively got charred. Immediately thereafter, they rushed to the nearby B.S.Hospital for first aid and they have taken her to Appollo Hospital, Chennai for further treatment. To their great shock, her right hand was amputated in order to save her life. In these process, the petitioner has spent a sum of Rs.6,00,000/- towards medical expenditure and thereafter, they made a representation to the 2nd respondent claiming compensation of Rs.10 lakhs holding that due to the negligence on the part of the 1st and 2nd respondents Electricity Board, the petitioner is entitled for fair compensation. Apart from that, the petitioner has also made a complaint before the Chittlapakkam Police Station and the same has been registered in Crime No.3014/2006 for offence under Sec.338 of I.P.C. Thereafter, on 14.12.2006, the petitioner has intimated the accident to the Additional Divisional Engineer, Chittalapakkam and thereafter, he has sent a legal notice on 11.07.2007, but they did not send any reply. Against the inaction of the respondents 1 and 2, the present Writ Petition has been filed by the petitioner.

(3.) Mr.A.G.Rajan, learned counsel appearing for the petitioner would submit that the present case is due to electrocution, the petitioner's daughter suffered severe injuries and her right hand was amputated. In view of the said undisputed fact, the petitioner is entitled for fair compensation from the respondent Electricity Board. However, the very same issue was dealt with by Hon'ble Writ Court in the writ proceedings, wherein the Writ Court has awarded a sum of Rs.1,25,00,000/- and as against the said award, the Electricity Board has preferred an appeal before the Hon'ble Apex Court and the Hon'ble Apex Court has awarded a sum of Rs.90,00,000/- (Rupees ninety lakhs only) towards compensation, which was reported in 2017 (3) SCC 115 in the matter of State of Himachal Pradesh and others Vs. Naval Kumar @ Rohit Kumar. The relevant portion of the judgment reads as follows:-