RACHNA DEVI Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) This appeal has been filed in respect of the judgment dated 18.04.2017, delivered by a learned Single Judge of this Court in OWP No. 572/2016 whereby the appellant's writ petition was allowed by directing the respondents to pay a sum of rupees three lakhs with 6% interest from the date of filing of the petition till its final realization.

(2.) The appeal has been filed seeking enhancement of the compensation awarded in modification of the said judgment to the extent that, according to the appellant, the just compensation would be in the range of Rs. 10-11 lacs and the rate of interest awarded would also be between 7% to 9%. Strong reliance has been placed by the learned counsel for the appellant on the decision of a Division Bench of this Court in the case of Joginder Singh v. State of J&K and others : AIR 2011 J&K 130 . We shall refer to the said decision at a later stage in this judgment.

(3.) Before we do that, it would be necessary to set out the factual background of the case. On 25.05.2001 when the appellant, who was 17 years of age at that time, while going to attend the call of nature at about 6 o'clock in the morning, came in contact with a live electric service wire, which was hanging down to the ground level and as a result of the severe electric shock, she suffered serious physical injuries on her thigh, chest and left arm. Her father managed to save her but, he, too, suffered some minor injuries in the process. The appellant was then taken to the Government District Hospital, Kathua on the same day. On examining her, the doctors were of the opinion that it was necessary to amputate her arm from the middle. The amputation surgery was performed on 14.06.2001 and she was discharged from the hospital on 26.06.2001. It is the case of the appellant and which has been accepted by the learned Single Judge, that due to the amputation of left arm of the appellant, her life had been badly affected and she was going through acute depression and suffered from an inferiority complex. Even in performing mundane day to day activities, she was greatly hampered because of the loss of her left arm. For the purpose of her treatment, she had to be hospitalized and had incurred medical expenses for the same. The appellant, apart from suffering physical pain, has been left with the life-long psychological trauma of loss of a limb.