STATE OF MANIPUR Vs. TINCHONGHOI MATE

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 order dtd. 19/3/2020 passed by a learned Judge of this Court in W.P. (C) No. 359 of 2019. By the said order, the learned Judge allowed the writ petition and directed the appellants herein to pay a sum of Rs.10,00,000.00 to the writ petitioners within 60 days, after deducting the amount, if any, already paid by them. In the event they failed to do so within that time frame, interest was to accrue @ 6% per annum. The principal amount and the interest thereon were directed to be paid within 60 days from the date of expiry of the earlier period of 60 days. The writ petitioners were also granted liberty to approach the competent Civil Court for more compensation, if they were not satisfied with the amount granted. The appellants also filed MC (W.A.) No. 38 of 2021, seeking stay of operation of the order pending disposal of this appeal. Earlier, by interim order dtd. 26/8/2019, the learned Judge had directed payment of a sum of Rs.1,00,000.00 to the petitioners. It is not clear from the record as to whether this order was duly complied with. That apart, a sum of Rs.50,000.00 seems to have been paid to the petitioners as ex gratia compensation.

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

(3.) Facts, relevant to this adjudication, may be summed up thus: At about 11:30 am on 6/2/2019, petitioner No. 1, an infant of just two years of age, was electrocuted when she came into contact with an electric transformer near her house. In consequence, she sustained 60% burns all over her body and her right hand was amputated high above the elbow. Petitioner No. 2, her father, states that a sum in excess of Rs.1,50,000.00 was spent on her hospitalization and treatment. He asserted that the authorities had failed to take adequate precautions in respect of the transformer, as required by statutory norms, resulting in violation of the fundamental rights of petitioner No. 1 under Articles 14, 21 and 300 of the Constitution, apart from constituting an action in tort under the principles of res ipsa loquitur , strict liability and restitutio in integrum . The petitioners accordingly filed the writ petition praying for compensation of Rs.1,36,00,000.00 with interest thereon @ 12% per annum.