STATE OF MANIPUR Vs. BABY KHUSHI KUMARI

JUDGEMENT

(1.) The State of Manipur; the Commissioner (Power), Government of Manipur; and the Manipur State Power Distribution Company Limited (MSPDCL) are in appeal against the judgment and order dtd. 19/3/2020 passed by a learned Judge of this Court in W.P. (C) No. 167 of 2019. They also filed MC (W.A.) No. 59 of 2020 seeking stay of operation of the said order, pending disposal of this appeal. By the order under appeal, the learned Judge allowed the writ petition and directed the appellants to pay compensation of Rs.10,00,000.00 to the writ petitioners within 60 days, after deducting the amount, if any, already paid to them. In the event the amount was not paid within that time frame, interest was to accrue thereon @ 6% per annum and the amount of Rs.10,00,000.00 along with interest was to be paid within 60 days from the date of expiry of the earlier period of 60 days. The learned Judge also left it open to the petitioners to seek more compensation by approaching the concerned Civil Court.

(2.) Heard Mr. S. Nepolean, learned Government Advocate, appearing for the appellants/applicants; and Mr. Tungrei Ngakang, learned counsel, appearing for the respondents/writ petitioners.

(3.) On 17/12/2017, petitioner No. 1, a child aged about 5 years, was playing in the verandah of the first floor of the building, where she and her family were staying on rent, and she came in contact with a 11 KV electrical overhead line which passed adjacent to the building. In consequence, she sustained serious injuries resulting in amputation of both her arms at the shoulder level. Her disability was quantified as 90%.