Case: Raman Vs. Uttar Haryana Bijli Vitran Nigam Lt

The appellant, a four year old boy was electrocuted on 03.11.2011 by coming in direct contact with the naked electric wire lying open on the roof of his house. Immediately after the incident, the boy was taken for first aid to a nearby R.M. Anand Hospital in Panipat, Haryana from where he was referred to Post Graduate Institute of Medical Sciences, Rohtak. The final treatment was given at Safdarjang Hospital, New Delhi, where the doctors left with no other option but to carry out triple amputation by removing both his arms upto arm pit and left leg upto knee as the grievous injuries suffered were not curable. On 08.02.2012, the disability certificate was issued to the appellant certifying to be 100% permanent disability.4. It is stated on behalf of the appellant that prior to this tragic incident, on 16.08.2011 the appellants father along with other neighbours had approached the SDO, Chhajpur, Panipat i.e. respondent No. 3 through a representation, to remove the iron angle from the vicinity of the residential area, as it endangers the life of around 40 to 60 families which is densely populated. But no action was taken by him.5. The appellant approached the High Court by filing a writ petition under Article 226 of the Constitution of India seeking for an award of compensation from the respondents on account of the negligence on the part of the respondents which resulted in the tragic electric shock leading to triple amputation of the appellant.6. The said writ petition was opposed by the respondents by filing a written statement denying the allegations made therein stating that the iron angle found on the roof of the house was not installed by any employee of the respondent electricity department. It is stated by the respondents that the father of the appellant was to be squarely blamed for installing the insulator himself on the roof of the house on which high tension wire was erected to keep it at bay so as not to touch brick and mortal. Therefore, neither the first respondent-Uttar Haryana Bijli Vitran Nigam Ltd. nor its employees can be held responsible or accountable for the mishap occurred on the fateful day much less the damages or monetary compensation to be awarded in favour of the appellant herein.7. The learned Single Judge of the High Court adverted to Section 68 of the Indian Electricity Act, 2003 (for short "the Act") and Rule 91 of the Electricity Rules, 1956 (for short "the Rules") which lay down the procedure of safety and protective devices to be provided for overhead electric lines erected over any part of the street or public place or any consumers premises and mandate that those shall be protected with a device approved by the Inspector for rendering the line electrically harmless in case it breaks.8. The learned Single Judge of the High Court further referred to Rules 29, 44 and 46 of the Rules which are statutory in nature which require the electricity authorities to conduct periodical inspection of the lines maintained by them and to take all such safety measures to prevent accident and maintain the lines in such a manner that life and property of the general public is protected. The learned Single Judge has considered the position of law declared by this Court in catena of cases for awarding compensation, particularly, the electrocution cases, and held the principle of "strict liability" and consequential negligence in awarding compensation in favour of the claimant against the State Electricity Board. This Court and the various High Courts such as High Courts of Madras, Madhya Pradesh, Orissa, Kerala and Gujarat have awarded compensation to the victims of electrocution in exercise of the extraordinary and appellate jurisdiction, and have held that the Electricity Board Supply Companies are duty bound to take precautionary measures under the provisions of the Act. Therefore, the learned Single Judge has held the electricity authority - the first respondent to be liable to pay the compensation to the claimant irrespective of the fact that the harm could have been avoided by the consumer by taking precautionary measures. The learned Single Judge of the High Court has referred to various judgments of this Court as well as the aforesaid High Courts rendered under the Motor Vehicles Act for determination and awarding just and reasonable compensation in favour of the claimant, viz. General Manager, Kerala State Road Transport Corporation, Trivandrum v. Susamma Thomas and Ors. [(1994) 2 SCC 176] , Sarla Dixit and Anr. v. Balwant Yadav & Ors. [(1996) 3 SCC 179] , U.P. State Road Transport Corporation & Ors. v. Trilok Chandra & Ors. [(1996) 4 SCC 362] , United India Insurance Co. Ltd. & Ors. v. Patricia Jean Mahajan & Ors. [(2002) 6 SCC 306] and Abati Bezbaruah v. Dy. Director General, Geological Survey of India & Anr. [2003) 3 SCC 148 ] by applying the multiplier method as specified in the schedule of the M.V. Act.9. The learned Single Judge awarded compensation to the appellant and issued directions to the respondent which runs into (xiii) clauses/paragraphs. Therelevant paragraph Nos. (v) and (vi) of the judgment of the learned Single Judge, prior to modification by the Division Bench of the High Court in its judgment, are extractedIn order to secure the financial and monetary future of the minor Raman, it is directed that the respondent-Nigam would pay compensation of Rs. 30 lacs to him immediately for loss of enjoyment of life, trauma suffered and to act as a guard against neglect and dependence on others, loss of future employability and the agony of it all, pain and mental shock suffered and continue to be suffered by an irreconcilable event that has completely changed the life of a family. This amount would when made available with interest on reaching the age of 21 years act as a financial security and building block for the future. The amount will be deposited in a fixed deposit account in the name of the petitioner (minor) under joint guardianship of the parents of Raman and the Engineer-in-Chief or his nominee representing the respondent-Nigam, in a nationalised bank, preferably in the State Bank of Patiala, Branch at Punjab and Haryana High Court, Chandigarh. The amount is directed to be so deposited within 60 days of receipt of certified copy of this order failing which the amount will carry 8.5% interest till deposit in the Bank where after the principal amount will earn interest at bank rates for fixed deposits fixed from time to time. However, the amount awarded under this head will only be available to the minor Raman on attaining the age of majority i.e. 21 years. In case the minor Raman does not survive till the age of majority, this amount with all interest accrued shall revert to the respondent-Nigam with no claim on it by any third party or the parents or siblings of Raman. This would ensure that the child is valued and cared for till he attains majority.vi) Since the above amount of Rs.30 lakhs would remain inaccessible to the petitioner for his use he would require running income to meet his daily expenses for paid caregivers/attendants or family help/labour equivalent to such expenses and other bare and sundry expenses, which are quantified at about Rs.20,000/- plus per month for life as at present. To earn interest of Rs.20,000/- per month a corpus of Rs. 30 lakhs is required to be invested in the Bank to earn interest @ 8.5% being current rates on long term fixed deposits. Therefore, in addition to Rs.30 Lakhs as awarded in direction (v), the respondent-Nigam would pay and deposit compensation of a further amount of Rs.30 lakhs to be kept in a separate interest bearing account in the same bank as directed under point no. (v), under the same joint guardianship arrangement. This will be an interest accruing account with interest proceeds available to meet the day-to-day needs of the petitioner. The interest so accrued will be transferred in a separate savings bank account to be opened in the same branch in minor Ramans name to be operated jointly by the parents payable to the petitioner on regular monthly basis to be applied for the care of the child by the parents, his educational expenses, nutritious food, costs of attendants/care givers to minister to him day after day etc. The above amount of Rs.30 lacks from which interest will be used for the petitioner from month to month will also not be allowed to be withdrawn for any purpose, till the petitioner attains the age of 21, without obtaining orders from this Court, if circumstances so warrant, except the monthly interest as directed. The State Bank of Patiala, Branch at Punjab and Haryana High Court, Chandigarh would open the said Savings Bank Account in the name of the minor; under the guardianship of mother and father and transfer the said savings Bank Account to the Branch nearest to the residence of the petitioner and the bank would remit the interest accrued thereon every month to the said savings account at Panipat Branch, to be auto-renewed till the petitioner reaches the age of 21 years. The amount is directed to be so deposited within 60 days of receipt of certified copy of this order failing which the amount will carry 8.5% interest till deposit in the bank where after the principal amount will earn interest at bank rates for fixed deposits from time toaddition to the compensation awarded by the learned Single Judge in the above terms in favour of the appellant, certain other directions were also given to the respondents for its compliance to avert any unfortunate electrocution accidents in future.10. Being aggrieved of the judgment and order dated 02.07.2013 of the learned Single Judge, the respondents filed the LPA in the High Court urging various grounds and prayed to set aside the same. The Division Bench of the High Court on 30.10.2013 passed a cryptic order while partially allowing the LPA filed by the respondents on the basis of the alleged concession given by the advocate on behalf of the appellant, holding that the learned counsel for the parties have obtained requisite instructions and they are ad idem that instant appeal be disposed of on the following agreed terms, which readThe impugned order is accepted by the parties, except to the extent of modification hereinafter specified.(2) The amount of Rs. 30 lakhs specified in clause (v) of the direction would be deposited in the State Bank of Patiala, Panipat Branch, instead of Branch at Punjab and Haryana High Court, Chandigarh.(3) This amount will be deposited within 10 days in the account number given to the appellants and to be converted immediately into FDR in terms of directions contained in same sub-para; and(4) The directions given in sub-para (vi) will stand substituted by a direction to pay a sum of Rs.10,000/-p.m. on or before 7th of every month in advance, directly to the bank account already intimated and such payment will continue to be made till the minor attains the age of 21 years.It is urged by the learned senior counsel on behalf of the appellant Mr. Sushil Kumar Jain that the unfortunate appellant boy or his parents who are his natural guardians in the proceedings were unaware of the nexus of their advocate with the respondents and when they came to know about the order passed in LPA, a legal notice dated 27.01.2014 was sent to his advocate for purging from breach of trust and for committing professional misconduct under the Advocates Act, 1961 in giving concession before the Division Bench of the High Court without their either oral or written instructions.Hence, the appellant has approached this Court with this appeal questioning the correctness of the impugned judgment and order of the Division Bench of the High Court by urging various grounds.

Reasoning: In view of the law laid down by this Court in the above referred cases which are extensively considered and granted just and reasonable compensation, in our considered view, the compensation awarded at Rs. 60 lakhs in the judgment of the learned Single Judge of the High Court, out of which 30 lakhs were to be deposited jointly in the name of the appellant represented by his parents as natural guardian and the Chief Engineer or his nominee representing the respondent-Nigam in a nationalised Bank in a fixed deposit till he attains the age of majority, is just and proper but we have to set aside that portion of the judgment of the learned Single Judge directing that if he survives, he is permitted to withdraw the amount, otherwise the deposit amount shall be reverted back to the respondents as the same is not legal and valid for the reason that once compensation amount is awarded by the court, it should go to the claimant/appellant. Therefore, the victims/claimants are legally entitled for compensation to be awarded in their favour as per the principles/guiding factors laid down by this Court in catena of cases, particularly, in Kunal Sahas case referred to supra. Therefore, the compensation awarded by the Motor Vehicle Tribunals/Consumer Forums/State Consumer Disputes Redressal Commissions/National Consumer Disputes Redressal Commission or the High Courts would absolutely belong to such victims/claimants. If the claimants die, then the Succession Act of their respective religion would apply to succeed to such estate by the legal heirs of victims/ claimants or legal representatives as per the testamentary document if they choose to execute the will indicating their desire as to whom such estate shall go after their death. For the aforesaid reasons, we hold that portion of the direction the of the learned Single Judge contained in sub-para (v), to the effect of Rs. 30 lakhs compensation to be awarded in favour of the appellant, if he is not alive at the time he attains majority, the same shall revert back to the respondent-Nigam after paying Rs.5 lakhs to the parents of the appellant, is wholly unsustainable and is liable to be set aside. Accordingly, we set aside the same and modify the same as indicated in the operative portion of theremaining compensation amount of Rs. 30 lakhs to be deposited in a fixed deposit account in the name of the petitioner (minor) under joint guardianship of the parents of Raman and the Engineer-in-Chief or his nominee representing the respondent-Nigam, in the Nationalised Bank as corpus fund, out of which an interest of Rs.20,000/- p.m. towards the expenses as indicated in sub-para (vi) of the order passed by the learned Single Judge, cannot be said to be on the higher side, but in our view, the said amount of compensation awarded is less and not reasonable and having regard to the nature of 100% permanent disability suffered by the appellant, it should have been much higher as the appellant requires permanent assistance of an attendant, treatment charges as he is suffering from agony and loss of marital life, which cannot be compensated by the amount of compensation awarded by the learned Singh Judge of the High Court. Hence, having regard to the facts and circumstances of the case, it would be just and proper for this Court to restore the judgment of the learned Single Judge on this count and we hold that the directions contained in the said judgment are justifiable to the extent indicated above. The Division Bench while exercising its appellate jurisdiction should not have accepted the alleged requisite instructions received by the counsel on behalf of the appellant and treated as ad idem and modified the amount as provided under sub-para (vi) of the order of the learned Single Judge and substituted the para 4 in its judgment as indicated in the aforesaid portion of the judgment which is wholly unreasonable and therefore, it is unsustainable in law as it would affect the right of the appellant for getting his legal entitlement of just and reasonable compensation for the negligence on the part of the respondents.21. In view of the foregoing reasons, after considering rival legal contentions and noticing the 100% permanent disability suffered by the appellant in the electrocution accident on account of which he lost all the amenities and become a deadwood throughout his life, and after adverting the law laid down by this Court in catena of cases in relation to the guiding principles to be followed to award just and reasonable compensation in favour of the appellant