Excelsior Correspondent
JAMMU, Nov 24: High Court has directed Power Development Department to pay Rs 20 lakh to labourer on account of 90% physical disability suffered by him due to the negligence of the respondents.
In the month of March-April 2009, the father of the petitioner was engaged as labourer for construction of the office building of District Soil Conservation Officer, Sambal, Udhampur and just above the entrance/gate of the building, there existed an 11 KV high tension double circuit line.
Since there was a grave threat to lives of all labourers including their family members accompanying them, the labourers objected to respondent of construction but respondent did not pay any heed to the same and constructed the premises. On 01.04.2009, the petitioner had accompanied his father to the premises of District Soil Conservation Office, Sambal, Udhampur and at about 3.45 p.m. when the petitioner was just sitting below the 11 KV high tension wire a high flash occurred and petitioner came into its contact, as a result, he suffered a severe shock in his body causing severe burn injuries including his right arm, chest and legs.
Immediately after the accident, the petitioner was taken to the Command Hospital Udhampur, where from the petitioner was referred to GMC Jammu. Due to the severity of the shock, the right shoulder of the petitioner was disarticulated. All the fingers of the feet of the petitioner also got damaged and as per the certificate of disability issued by the Chief Medical Officer, Udhampur, the petitioner is suffering from 90% permanent physical disability.
After hearing Advocate Sachin Sharma for the petitioner whereas AAG FA Natnoo assisted by Deputy AG Ayjaz Lone for the respondents, Justice Puneet Gupta observed, “court can infuse some guess work while assessing the future earning of the petitioner had the petitioner not suffered disarticulation of right arm. Taking in account the age of the petitioner as 13 and the expected earning as Rs 6,000 per month the multiplier of 18 can be taken for assessing the compensation on account of loss of earning which comes to Rs12,96,000”.
The High Court further awarded Rs 7 lakh as lump sum on account of the pain and suffering, loss of amenities and the expenses on medical treatment. “The petitioner is also held entitled to interest at the rate of 6% per annum from the respondents on the amount from the date of filing of the writ petition till its realization”, the High Court said.
Follow our WhatsApp channel