SOMI KAMKARA Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Shri S. Thoi Thoi Meitei, learned counsel appearing for the petitioners and Smt. Momota Devi Oinam, learned Addl. Advocate General appearing for the respondents.

(2.) The subject matter in issue relates to the payment of compensation for sustaining injuries due to electrocution and by the instant writ petition, the petitioners have prayed for issuing a direction to the respondents to pay a compensation of Rs.1, 19,30,000/- (Rupees one crore nineteen lakh thirty thousand only) within a stipulated period of time.

(3.) According to the petitioners, the petitioner No.1 is the natural father of the petitioner No.2, a child of 6 (six) years old. On 6.9.2017 the petitioner No.2 went to attend Edu-fest held at Ukhrul Town and while the event was going on, he felt urinating and therefore, he went to the western side of the Ukhrul Town hall where an electric transformer was installed without any fencing and safety measures. Suddenly, he got electrocuted due to high voltage current of the transformer and was found lying unconscious with severely burnt injuries on his both hands and other parts of the body. Some youths passerby of the locality who noticed the petitioner No.2 lying unconscious, took him to the nearby private hospital and after 3 (three) days treatment there with no improvement being shown, he was taken to Ukhrul District Hospital on 15.9.2017 where the doctors advised for treatment either at RIMS or JNIMS at lmphal. The petitioner No.2 was admitted at RIMS hospital on 16.9.2017 where after he being given treatment for 17 days, he was discharged on 2.10.2017 and was thereafter admitted at JNIMS hospital. While he was being treated at JNIMS, his left hand was amputated and according to the doctors, as his right hand too suffered critical injuries, the same was likely to be amputated after few days. Hence, the instant writ petition was filed by the petitioners praying for payment of compensation. 3.1. An affidavit-in-opposition has been filed on behalf of the respondent Nos. 2 to 4 wherein the averments made in the petition have been denied and it has been stated that there was no negligence on the part of the answering respondents. It has further been stated that the entry into the transformer area was secured by way of fencing with wooden plank which started withering in course of time and that it is unfortunate that the minor had climbed the wooden gate/fence and touched the wire. As per the standing order, the amount of ex-gratia payable in case of grievous injury due to electrocution is Rs. 10,000/-only.