VANLALTHLANI (MINOR) Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Samuel Vanlalhriata Chhangte, learned counsel appearing for the petitioner, and also heard Mr. C. Zoramchhana, learned Addl. AG appearing for the State respondents.

(2.) This is a writ petition filed by a child of 13 years through her mother as the guardian praying for payment of compensation for the bodily sufferings she had gone through due to electrocution.

(3.) The undisputed facts and circumstances leading to the filing of this writ petition are as follows: On 22/4/2019, the petitioner, while walking about the roof-top of their house situated at Durtlang accidentally came into contact with an electric line of 11-KV passing through the roof-top of their house and because of that she suffered burns all over her body. Soon after the incident, she was taken to Synod Hospital, Durtlang and treated till 8/5/2019, but since she was not healed properly she was referred to the State Referral Hospital, Falkawn for further treatment and plastic surgery. After the treatment, she was discharged on 29/10/2019; however, she was re-admitted to the same hospital on 7/1/2020 for further treatment, and was discharged on 14/1/2020. But because she was not completely healed, she was once again admitted to the same hospital on 15/2/2020 and was treated till 25/3/2020. Thereafter, in the month of September, as advised by the Doctor who treated her, she was admitted to CARE Hospital, Aizawl on 14/4/2020. As her treatment could not be completed at the same hospital, she was admitted to Greenwood Hospital, Aizawl on 28/9/2020 for flap construction and she was discharged on 29/9/2020. In the process of her treatment she spent altogether 5 Lakhs, including the money spent on medicines. On being examined by competent Doctors, the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Environment, Government of India issued a Disability Certificate dtd. 8/4/2022 which certifies that she has suffered 45% permanent disability. After having struggled with the pain and agony and all through the treatment, an FIR was lodged by the mother of the petitioner on 12/10/2021; and accordingly, the Bawngkhawn Police Station investigated the same and on their investigation they found the 11-KV line passing through the roof-top of the petitioner's house loosely hanging and very low. Being aggrieved by the fact that the respondents did not take any positive step to compensate her for the sufferings she went through and she, in all probability, will continue to suffer all her life she has come before this Court through this writ petition.