SEEMU Vs. HIMACHAL PRADESH STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Kumari Seemu alias Seema (minor) has preferred this petition through her father seeking compensation of rupees five lacs from the respondents for the permanent physical disability suffered by her on account of the negligence in the maintenance of 22 KV transmission line resulting in an electric shock necessitating amputation of her forearm. The facts of the case be stated now in order to understand and appreciate the matter properly.

(2.) The petitioner submits that installation, maintenance and control of entire electric system in the State is vested with the respondents. It is managed by it through its employees. 22KV supply line to Kui and Kangteri Panchayats passes through Bachhoch transformer to Saras transformer. The respondents were negligent in the maintenance of the line. One of the live wire was unscrewed and loose from the poles as a result of which it was only three feet above the ground level and hardly 30 meters away from the house of the petitioner. While collecting green vegetables from the fields, the petitioner came in contact with this live wire and suffered severe burn injuries on her head, right hand, stomach and eyes. She was admitted in civil hospital, Rohru, on 20-2-1991 (Annexure P-1). First Information Report was also lodged with police station, Rohru, on the same day (Annexure P-2). The petitioner was referred to Indira Gandhi Medical College, Shimla, where the remained admitted from 21-2-1991 to 10-4-1991 (Annexure P-3). Her right hand developed gangrene and it was amputated from below the elbow. Besides suffering severe bodily pain at the age of 11 years while studying in 6th class, approximately rupees five thousand were spent on medicines and rupees twenty thousand towards special wards and other miscellaneous expenditure during this time (Annexure P-4). Disability Certificate, painting out 70 per cent permanent physical disability was issued by Professor of Surgery Dr. D. C. Marwaha of Indira Gandhi Medical College, Shimla (Annexure P-5). Even after her discharge from the Indira Gandhi Medical College, Shimla, the petitioner is under continuous treatment. She has to visit Medical College, Shimla, as well as P.G.I. Chandigarh.

(3.) A legal notice (Annexure P-6) was served upon the respondents claiming rupees five lac by way of damages for causing physical injuries to the petitioner making her whole life totally miserable. The respondents replied to the said notice on 1-7-1991 (Annexure P-7). When the respondents failed to decide the matter, the present petition has been filed.