Death of 13 yrs old due to electrocution
Excelsior Correspondent
JAMMU, Mar 2: High Court of Jammu & Kashmir and Ladakh has directed the Power Development Department (PDD) to pay Rs 10 lakh compensation to the mother of a 13 year old, who died due to electrocution.
A 13 year old boy namely Vishal Sharma was on a visit to his maternal uncle’s home and on 22-07-2009, while he was working in the village Panghor in the agriculture field, he came in contact with live electric wires hanging at the height of about 4 to 5 ft above the ground level and suffered a massive electric shock and injuries on his neck.
Consequently, he was shifted to Government Medical College Hospital, Jammu but as a result of the electric shock, he died. In this context, FIR No. 05/2010 under Section 304-A RPC was registered against respondents at Police Station Gajansoo.
The mother of the deceased approached the High Court seeking adequate compensation as her son died to the negligent acts attributable to respondents who failed to maintain the electric wires as provided under the provisions of the Electricity Act and Rules framed thereunder.
After hearing counsels for the petitioner and respondents, referring several judgments of the Supreme Court and perusal of Electricity Act, Justice Wasim Sadiq Nargal observed, “the perusal of record which includes FIR, Medical Opinion and Post-mortem report, it is evidently clear that the cause of the death of the son of the petitioner was due to electrocution, negligence of which is completely attributable to the officials of PDD, who have failed to take due care and caution in maintaining electric supply lines at proper height as per Rule 77 of Electricity Rules”.
“The claim of the respondents that they acted with due care and caution has been negated by the investigation report of the police, wherein it has emerged that the wires were not affixed properly. The contention of the respondent that death was caused due to negligence of the child does not appear to be reasonable and is practically impossible”, Justice Nargal said.
“It is humanly not possible to fiddle with the wires placed at a height to 15 ft from ground by a minor child who is 13 years of age and its is practically impossible to touch the wires at such a height and thus the plea raised by the respondent cannot be considered to be reasonable and is liable to be rejected”, High Court said and held the respondents liable to compensate the petitioner for the death of her son.
Pointing towards the policy framed by the Government, Justice Nargal directed the respondents to pay a compensation of Rs 10 lakh to the petitioner, who has to lead rest of life in absence of the company, love and affection of the deceased. “The amount shall be paid within a period of two months from today”, Justice Nargal ordered.
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