The Manipur High Court on Thursday directed the state government, the commissioner (Power) and the Manipur State Power Distribution Company Ltd (MSPDCL) to pay Rs 10,00,000 compensation amount after deducting the amount paid, to the family of two-year-old girl, who was electrocuted, along with interest within a month.
The Manipur government, the state commissioner (Power) and the MSPDCL approached the high court division bench with an appeal against the order of HC judge of March 19, 2020 in WP (C) No 359 of 2019. But the judge order allowed the writ petition and directed them to pay a sum of Rs 10,00,000 to the family within 60 days, after deducting the amount, if any, paid by them.
The state government and two others stated to the High Court that they failed to do so within that time frame (interest was to accrue @ six per cent per annum).
The principal amount and the interest thereon were directed to be paid within 60 days from the date of expiry of the earlier period of 60 days.
However, the order was not clear from the record as to whether the order was duly complied with. That apart, a sum of Rs 50,000 seems to have been paid to the family as ex gratia compensation, they stated.
The two-year-old infant was electrocuted on February 6, 2019 when she came into contact with an electric transformer near her house. The infant sustained 60 per cent burns all over her body and her right hand was amputated high above the elbow. The girl's father stated that a sum in excess of Rs 1,50,000 was spent on her hospitalization and treatment.
He asserted that the authorities had failed to take adequate precautions in respect of the transformer, as required by statutory norms, resulting in violation of the fundamental rights under Articles 14, 21 and 300 of the Constitution, apart from constituting an action in tort.
The father accordingly filed the writ petition, praying for compensation of Rs 1,36,00,000 with interest thereon @ 12 per cent per annum.
The HC, after hearing rival contentions, discussed the rules of authorities and noted that no protection whatsoever was provided by the authorities around the transformer at any point of time before the incident.
"There is no evidence whatsoever of the MSPDCL having undertaken any measures to abide by such norms prior to the incident in question. The very fact that they resorted to barbed-wire fencing around the transformer after the event clearly shows that they woke up to their responsibility a little too late" the HC stated.
However, as the finding of the HC in the case on hand is to the contrary and the negligence of the MSPDCL is spelt out in clear terms, the ratio laid down in these judgments has no application, opined the HC.
After analysing the facts, the HC holds that the judge was justified in exercising writ jurisdiction and awarding compensation to the family to the tune of Rs. 10,00,000/- with interest thereon. No grounds are made out for interference with the order under appeal. Therefore, the writ appeal was dismissed and directed to pay the amount within a month.
