The Hindu : Negligence leaves boy disabled, EB directed to pay Rs. 3-lakh compensation

Online edition of India's National Newspaper
Monday, Feb 23, 2004

Tamil Nadu

Tamil Nadu - Chennai

Negligence leaves boy disabled, EB directed to pay Rs. 3-lakh compensation

By Our Staff Reporter

CHENNAI, FEB. 22. The Madras High Court has directed the Tamil Nadu Electricity Board to pay a compensation of Rs. 3 lakhs to a boy who suffered amputation of the right hand, permanent disability and disfiguration caused by its negligence.

Srinivasamurthy of Anakaputtur here, a standard VII student, came into contact with a sagging high-tension electricity conductor while playing on the terrace of his house in 1995. His right hand had to be amputated, six fingers on his legs were removed and extensive skin grafting and plastic surgery had to be done.

The boy's father moved the court seeking a compensation of Rs. 10 lakhs. In 1999 it appointed a retired district judge arbitrator to consider the claim and the board defence.

His report, submitted in April 2002, held that because of negligence on the part of the board the boy sustained injuries. Taking note of the extent of disability, disfiguration and his young age, the arbitrator quantified the compensation at Rs. 8 lakhs.

After the report was submitted, the board contended that the appointment of arbitrator was not maintainable and sought dismissal of the writ petition.

Justice P. Sathasivam, rejecting the defence, pointed out that the board did not object to the appointment of the arbitrator and even participated in the proceedings. Hence it was estopped from challenging the appointment. As for negligence, the board argued that live wires were laid as per rules in 1987, and the house was constructed subsequently in violation of Indian Electricity Act provisions without a proper building plan. The span length and the sag (of the wire) were within the permissible limit. The incident occurred because of negligence on the part of the building owner.

Mr. Justice Sathasivam, however, pointed out that the board set right the electric lines after coming to know about the occurrence. But even after the receipt of notice in August 1996 it did not give any reply repudiating the allegations. Concurring with the findings of the arbitrator, the judge then fixed the compensation at Rs. 3 lakhs - Rs. 1 lakh each towards permanent disability, disfiguration and loss of earning capacity suffered by the boy. The amount, to be paid within four weeks, should be deposited with the Indian Bank initially for three years and the deposit would be renewable thereafter.

The money should be in investment for at least 10 years and the boy could directly withdraw the accrued interest once in six months.

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Negligence leaves boy disabled, EB directed to pay Rs. 3-lakh compensation

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