Court Orders Additional Compensation for a 6-Year-Old Victim, Addressing Inadequacies in Existing Policy Provisions
In a landmark judgment, the Punjab and Haryana High Court has ruled in favor of increased compensation for a minor victim who suffered severe injuries due to electrocution. The court highlighted the inadequacies in the current compensation policy, emphasizing the need for a fair and just recompense that considers future prospects, medical expenses, and other non-pecuniary damages.
The case revolves around a young girl, Anshu, who at the tender age of six, suffered 92% permanent disability after coming into contact with a high-tension 11 kV line near her home in Haryana. The court found the electricity distribution licensee, Dakshin Haryana Bijli Vitran Nigam Ltd., liable under the principle of strict liability, as the incident resulted from their negligence in maintaining safe distance and conditions around high voltage lines.
The court noted that the initial compensation of Rs. 18,92,311 sanctioned under the existing policy was insufficient, given the extent of the injuries and long-term impact on the victim's life. The judges, Mr. Harsimran Singh Sethi and Mr. Vikas Suri, emphasized that such compensation must be over and above any policy limitations, aligning with public law and common law remedies.
Key aspects of the judgment included the rejection of contributory negligence claims against the minor victim, given her age and lack of capacity to foresee such dangers. The court also underscored the importance of considering non-pecuniary damages such as pain, suffering, and loss of amenities, alongside pecuniary damages like medical expenses and loss of future earnings.
The High Court's directive ensures that 90% of the awarded compensation will be secured in a fixed deposit for the benefit of the victim, with periodic interest to support her ongoing needs. This decision not only sets a precedent for future cases involving minors but also calls for a reevaluation of existing compensation policies to better address the needs of vulnerable victims.
Bottom Line:
Compensation for electrocution injuries - Victim suffering 92% permanent disability due to negligence of electricity distribution licensee - Compensation awarded under policy does not preclude further claims under public law or common law remedies for just and fair damages.
Statutory provision(s):
Electricity Act, 2003 Section 161, Indian Penal Code Section 338, Employees' Compensation Act, 1923
Anshu v. State of Haryana, (Punjab And Haryana)(DB) : Law Finder Doc id # 2867948
