(2016) 2 ACJ 1289 ::2015 AAC 2896 (HP)

Himachal Pradesh High Court

Hon'ble Judge(s): Rajiv Sharma, Sureshwar Thakur , JJ

( A ) Fatal Accidents Act (13 of 1855) S. 1 A — Electricity Act (36 of 2003), Ss. 53, 68 — Electrocution — Contributory negligence — Victim, an eight year old boy coming in contact with high tension live wire lying low on ground — Since wire was lying low, no contributory negligence can be attributed to victim — Principal of res ipsa loquitur applies — Sheer act of negligence on part of Electricity Board who have failed to take necessary safety measures in maintaining high tension live wires — Functionaries of Board failed to conduct periodical inspections as visualized under Act have failed to protect life and property of general public — Case falls within ambit of strict liability — Electricity Board functionaries has failed to discharge onus placed upon them under Statute — There is also a criminal negligence on their part — Victim being 8 year old could not forsee loose wire lying low on ground — Plea of act of God by functionaries of Board — Not tenable. (Paras1117)

( B ) Fatal Accidents Act (13 of 1855) S. 1 A — Electrocution — Damages/compensation — Eight year old boy coming in contact with high tension live wire lying low — Both arms amputated — Sufferred 100% disability — Reduced to a vegetable form by sheer negligence on part of Electricity Board and its functionaries — Help of family would not be available to victim throughout his life — He cannot marry with this condition — He and his family member have suffered trauma after accident — Victim has suffered pain and agony — Is entitled to compensation/ damages for embarrassment for disability and disfigurement — Also entitled to damages for loss of ability to use his limbs, including loss of pride and pleasure and loss of marriage prospects — As far as damages/compensation under pecuniary loss is concerned, the principle of ‘restitutio in integrum’ would apply. (Paras12to14)

( C ) Constitution of India Art. 21 — Right to life — Electrocution — Eight year old boy coming in contact with high tension live wire lying low on ground — Health and happy life curtailed by criminal neglect of State Electricity Board functionaries causing him serious and painful burn injuries — Has to go through inconvenience, hardship, discomfort, disappointment, frustration and mental stress throughout his life — Compensation can be awarded against State. Fatal Accidents Act (13 of 1855), S. 1A. (Paras44)

( D ) Fatal Accidents Act (13 of 1855) S. 1 A — Electrocution — Compensation — Quantum — Petitioner eight years old boy crippled of throughout his life — His both arms have been amputated — He won’t be able to lead and enjoy those comforts and amenities of life which depend on freedom of movement — Petitioner would normally had started earning at least Rs. 30,000/- per month after attaining age of 20 years — His expectancy can safely be taken as per as prevailing trends to 70 years — He would have safely worked for 38 years — The appropriate multiplier, would be 25 — There is no possibility of marriage of petitioner, therefore, no standard deductions can be made from income — Compensation of Rs. 1,25,00,000/- — Would be just and fair compensation. (Paras47)