RAJESH KUMAR Vs. HIMACHAL PRADESH ELECTRICITY

JUDGEMENT

(1.) RAJESH Kumar, petitioner, aged 17 years, has filed this petition claiming compensation from the respondents on account of their negligence in maintaining the electricity supply line which resulted in electric shock to him.

(2.) ACCORDING to the petitioner, the respondent Board is responsible for super intending, managing and controlling the transmission and supply of electricity in the State of Himachal Pradesh. On the date of occurrence, the petitioner, who is a young villager, was working in his fields. He used to earn his livelihood from the agriculture and rearing cattle. He has an aged and illiterate mother in the village. On 27.7.1993 at about 10 a.m. he took out his cattle for grazing to his fields. While doing so, the petitioner and one of his bullocks came in contact with the naked energized electric conductor. As a result, the bullock died on the spot due to electric shock while the petitioner after raising alarm also collapsed. The cries of the petitioner attracted his mother and some people of the area including Budh Ram. The petitioner was immediately rushed to the Civil Hospital, Kullu. The matter was also reported to the police. The petitioner remained admitted in the hospital at Kullu till 9.8.1993 when he was referred to Indira Gandhi Medical College and Hospital, Shimla, where he remained from 10.8.1993 to 28.10.1993 and where he was operated upon twice. Initially, the petitioner was operated upon on 14.8.1993. In the said operation, his index finger of left hand, ring finger and terminal phalanx of index finger of right hand were amputated. The petitioner was again operated upon on 25.10.1993 for amputation of left hand and forearm. The petitioner has stated that in addition to the aforesaid disabilities, the fingers and palm of his right hand have been mutilated to such an extent that the petitioner cannot perform any work even with his right hand. These injuries and the treatment prescribed by the doctor have been mentioned in the discharge slip (Annexure P 2). In the disability certificate (Annexure P 3) issued by the Department of Surgery, Indira Gandhi Medical College and Hospital, Shimla, permanent loss of functions to the extent of 65 per cent in relation to left upper limb and 25 per cent in relation to right upper limb has been shown. The bullock was also subjected to post mortem examination by the Veterinary Officer of Veterinary Hospital, Sainj, District Kullu (Annexure P 4). According to the doctor, the bullock died due to electrocution. The certificate issued by the President, Gram Panchayat, Reila (Annexure P 5) also states that the petitioner received injuries and his bullock died of electrocution. The petitioner claims that the negligence on the part of the respondents is writ large and they are liable to pay compensation to him for the suffering which he had undergone. The petitioner has claimed a sum of Rs. 10,000/ for loss of his bullock, Rs. 20,000/ for self treatment and Rs. 4,00,000/ for the disability suffered by him.

(3.) RESPONDENT No. 3 has also filed the reply. There is an enquiry report by the Assistant Electrical Inspector which points out that the electricity line was sufficiently down but was not touching the earth and fuses were intact and the line continued to operate. Due to rainy season there was grass and the petitioner could not judge the presence of wires.