STATE OF MIZORAM & ORS Vs. LALRAMENGA

JUDGEMENT

(1.) Heard Ms. Linda L. Fambawl, learned State counsel for the appellant Nos. 1 to 5 and Mr. L.H. Lianhrima, learned senior counsel assisted by Ms. H. Lalmalsawmi, learned counsel appearing for the sole respondent, the plaintiff.

(2.) This appeal is against the Judgment and Decree dated 17.06.2013 passed by learned Senior Civil Judge-II, Aizawl Judicial District, Aizawl in Money Suit No. 61 of 2010 wherein the learned Trial Court determined an amount Rs.4,99,800.00 as pecuniary compensation, Rs.1,50,000.00 as non-pecuniary damage and interest @ 9% per annum from the date of filing the said suit i.e. 4.11.2010 amounting to Rs. 95,032.00 on said pecuniary compensation and non-pecuniary damage totalling Rs. 7,44,832.00 directed to be paid by the Engineer-in-Chief, Power & Electricity Department of the State Government to the plaintiff, the sole respondent herein within a period of 30 days from the date of the said order as duty to contributory negligence, the plaintiff got burnt by a live electric wire on 25.10.2002 resulting in amputation of his left upper limb at the young age of 24 years and is suffering from 70% permanent disability.

(3.) The Trial Court found as the Power & Electricity Department of the State did not take proper care to lift the 11 KV line to proper height, which came down and was just one foot away, adjacent to the kitchen of the employer of the plaintiff, while working there, the victim plaintiff met with the accident. The Trial Court also came to a finding that the Power & Electricity Department was informed and requested to restore the said line, but the same was not done.