ASSAM STATE ELECTRICITY BOARD GUWAHATI Vs. SANJOY AGRAWALA

JUDGEMENT

(1.) This First Appeal has been filed against the judgment and decree of the trial Court by which the suit of the minor boy for compensation in the sum of Rs. 2,00,000/- along with interest at the rate of 6% per annum from the date of filing the suit till realisation has been decreed.

(2.) The appeal has been filed by the Assam State Electricity Board, Guwahati, (2) The Chairman, Assam State Electricity Board, (3) The Executive Engineer, Tinsukia Electrical Division, Tinsukia, and (4) The Assistant Executive Engineer, Bordubi Electrical Sub-Division, P.O. Bordubi, District-Tinsukia.

(3.) The case of the plaintiff before the trial Court was that a high voltage i.e. 11,000 volts Electricity overhead electric line (conductor line) fell below its overhead feeder for quite sometime before the date of occurrence in the open field near the Derial Tea Garden Hospital and that the same was hanging just 3 ft. above the ground when the plaintiff aged 11 years was playing there at 3 p.m. on 18-1-92 along with his friends. It is further the case of the plaintiff that he suddenly came into contact with the aforesaid high voltage line as a result of which he sustained severe injuries including burn injuries. The father of the plaintiff having been informed by the plaint himself took the plaintiff to the Oil India Hospital when he was in unconscious condition. Ultimately the plaintiff was taken to Assam Medical College Hospital, Dibrugarh after he was administered first-aid. The further case of the plaintiff is that his two fingers of right hand had to be amputated. The plaintiff suffered mental shock and that there was a possibility of his mental retardness. Since the plaintiff sustained injuries on account of criminal negligence of the employees of the Assam State Electricity Board and since they did not do the rectification in utter disregard for public safety, the plaintiff had suffered entitling him to the grant of compensation.