High CourtsSingle Bench(1999) 03 GAU CK 0019

R.K. David and Another vs State of Manipur and Others

Gauhati High Court · Decided on 19 March 1999 · Citation: (1999) 3 GLT 620

HON’BLE JUDGES
J.N. Sharma, J
CASE NUMBER
Civil Rule No. 787 of 1998

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Judgment

9 paragraphs · 394 words

J.N. Sarma, J.—The Petitioner No. 1 herein lost both of his hands below the elbow because of electrocution. It is claimed that this was due to the negligence on the part of the Electricity Department. A report has been annexed along with the affidavit-in-opposition filed on behalf of Respondents 1 to 4, wherein it has been stated as follows:

10.

Cause leading to the accident:

The spur line (HT) of Loushing village, was kept isolation (by opening the jumber connection) from Phungyar main line for some days for want of thorough line checking as there is fault on that side. On the fateful day, the victim, without any knowledge/information of our Deptt. Staff, climbed up the post and tried to his own to make connection of the spur line (without taking shutdown etc.). The moment he tourched the main live line, he fell down with both the hand limbs burnt.

21.

Other Remarks:

The village was electrified by REC and the villages have enjoyed electricity for many days earlier, without any authorised consumers. On many occasions our staff have removed the jumper connection as there are no authorised consumer earlier. Now come 12 consumers have deposited. Supply with be given after immediate rectification of the fault.

2.

It is seen from this report that the Petitioner himself is to be blamed for his accident as he without knowledge and information to the Electricity Deptt. Staff climbed on the post and tried on his own to make connection of the spur line without taking shutdown measure and as such he met with the accident.

3.

Be that as it may, it is a pitiable case. Accordingly I do not want to turn down the claim regarding compensation and as such this writ application shall stand disposed with the direction that Electricity Deptt., Govt. of Manipur shall pay a sum of Rs. 50,000/-(Rupees fifty thousand) as compensation to the Petitioner. The amount shall be paid within a period of 3 months from the date of receipt of this order. The Petitioner may obtain a certified copy of this order and shall produce the same before the authority to do the needful in terms of this order.

4.

Heard Mr. R. Daniel, learned Counsel for Petitioner and Mr. K.H. Nimaichand, learned GA appearing on behalf of Respondents.

5.

With this observation, this writ petition stands disposed of.