CHAIRMAN PSPCL AND OTHERS Vs. DIA

JUDGEMENT

(1.) This regular second appeal has been filed against the decision of the courts below, whereby, the suit of the plaintiff-respondent for damages and compensation has been decreed.

(2.) The plaintiff who is a minor had filed a suit through her father/ natural guardian for damages and compensation against the defendant -appellant (Corporation). The case set up in the plaint was that on 7.2011 the plaintiff (who was about three years old then) came in contact with a wire on the parapet wall of the roof of her house through which 11000 voltage current was flowing because of which she suffered serious injuries. She was admitted to Amandeep Hospital, Amritsar where she underwent multiple surgeries including of the abdomen, the toe of her right foot etc. Her right hand was amputated at mid-palm level. A lot of expense was incurred for her treatment. It was pleaded in the suit that earlier also a number of persons had sustained injuries on account of the negligent action of the Corporation in letting the 11000 volt wires lie close to the residential houses without proper protection and the repeated requests of the residents to the Corporation authorities to remove them had yielded no result. The tragic incident led to a hue and cry. It was reported in the press compelling the defendants to sanction an amount of Rs. 70,000/- as compensation to the plaintiff in August 2013.

(3.) The case of the Corporation was that the electric lines had been installed much earlier and the construction had been raised later illegally without permission. Further, the SDO of the department had vide its memo No.449 dated 9.2005 requested the father of the plaintiff to remove the construction raised by him near the LT lines as any mishap could occur. He was also warned by this letter that in case he failed to remove the construction from near the LT line, the Corporation would not be responsible for any accident. Accordingly, contending that the house had been constructed after the laying of the electric lines and that the construction had not been removed despite a request warning him about the dangers, it was contended that the Corporation was in no way responsible for the accident and was not liable to pay any compensation or damages.