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2019 DIGILAW 147 (HP)

SAHIL (MINOR) v. STATE OF HIMACHAL PRADESH

2019-01-11

AJAY MOHAN GOEL, SURYA KANT

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JUDGMENT : Surya Kant, J. The petitioner, who was born on 12th February, 2007 and is now aged about 12 years, has filed the instant writ petition seeking compensation of rupees One Crore from the Authorities of H.P. State Electricity Board Limited, as both his arms had to be amputated on account of the serious burn and other injuries suffered by him due to electrocution. The petitioner was hardly nine years old when the unfortunate accident took place on 30th November, 2016, when he was playing on the roof of the shop of his family friend and he came in contact with a high tension live wire of 11 KV, which was lying low and thus got electrocuted. 2. This Court has passed various orders from time to time, including timely medical treatment to be provided to the petitioner. He has since been discharged from the Hospital and is living with his parents. The petitioner's both arms having been amputated, he has become 100% physically disabled. The mental and physical agony to be suffered by him throughout his life cannot possibly be explained in words. His dreams of career pursuits have also been completely shattered. It was in this backdrop that the H.P. State Electricity Board Limited Authorities through their Standing Counsel agreed to deposit a sum of Rs. 25.00 Lac in the Registry of this Court, without prejudice to the respective rights and contentions of the parties and subject to the final outcome of this writ petition. The aforesaid amount was in addition to Rs. 2.00 Lac, which was paid as an interim compensation in terms of orders dated 19th April, 2017, passed by this Court. The above stated amount of Rs. 25.00 Lac is lying in the shape of FDR in the Registry of this Court in a Nationalized Bank. As per the latest report submitted by the Registry, interest amounting to Rs. 1,68,463/- has accrued on the said FDR. 3. During the course of hearing on the previous date, learned Counsel for the H.P. State Electricity Board Limited sought time to have fresh instructions from the Authorities. He has now received a communication dated 11.01.2019, a photostat copy whereof is placed on record, according to which, the respondent-Board has agreed to pay a sum of Rs. 25.00 Lac to the full and final satisfaction of the claim of the petitioner. He has now received a communication dated 11.01.2019, a photostat copy whereof is placed on record, according to which, the respondent-Board has agreed to pay a sum of Rs. 25.00 Lac to the full and final satisfaction of the claim of the petitioner. The aforesaid offer is acceptable to learned Counsel for the petitioner. 4. In this view of the matter, the instant writ petition is disposed of with a direction to the Registry of this Court to transfer the amount of Rs. 25.00 Lac lying in the shape of FDR in the name of the petitioner (minor) to be deposited in the shape of FDR in Punjab National Bank Branch at Saloh, Tehsil and District Una, HP, in a scheme in which it could fetch maximum rate of interest. The amount of Rs. 25.00 Lac shall remain in the shape of FDR till the petitioner attains the age of majority. The Branch Manager of the aforesaid Bank is directed to release the interest accruing on the FDR on quarterly basis in favour of father of the petitioner, so that the same could be spent on the education and day to day well being of the petitioner (minor). The interest amount of Rs. 1,68,463/-, which has accrued so far, shall also be transferred by the Registry separately in favour of father of the petitioner for the aforementioned purposes. 5. Meanwhile, the Secretary of the District Legal Services Authority, Una, will find out any more beneficial scheme, whether in the Post Office or in the other Nationalized or State owned Bank, where if the amount of Rs. 25.00 Lac is kept in the shape of FDR or is deposited, it can fetch maximum rate of interest or provide better financial assistance to the family of the petitioner, keeping the principal amount intact in the name of the petitioner till he attains the age of majority. The Secretary, District Legal Services Authority, Una, shall thereafter contact the father of the petitioner and counsel/persuade him to accept such proposal. If need be, a report can be sent to this Court for modification of this order to ensure that the amount is kept in such a manner that it earns maximum benefit for the minor child. 6. The Secretary, District Legal Services Authority, Una, shall thereafter contact the father of the petitioner and counsel/persuade him to accept such proposal. If need be, a report can be sent to this Court for modification of this order to ensure that the amount is kept in such a manner that it earns maximum benefit for the minor child. 6. The Secretary, District Legal Services Authority, Una, shall intermittently, at least once in three months, visit the family of the petitioner to ensure that the directions issued herein above are not tampered with. He will also monitor the need for medical assistance, academic pursuits of the petitioner and provide counselling for this purpose from time to time. 7. The Secretary, District Legal Services Authority, Una, shall also find out from the Civil Surgeon, Una, Re: artificial limbs for the petitioner's assistance, and if need be, arrange such artificial limbs from such Centre, preferably in Chandigarh, for which, the entire cost amount shall be separately incurred by the H.P. State Electricity Board Limited. 8. At the stage of petitioner attaining the majority, the Secretary, District Legal Services Authority, Una, shall provide proper guidance to the petitioner as to how, where and in what manner, the said amount should be utilized, if the petitioner does not want to keep the amount in the shape of FDR. 9. As soon as the petitioner attains the age of majority, the State of Himachal Pradesh and H.P. State Electricity Board Limited, are directed to consider to employ the petitioner on a post for which he acquires the requisite qualification. Such employment shall be against a post reserved for differently abled persons, for whom the quota is said to have been recently increased from 3% to 4%. The Authorities however shall follow a transparent mode of recruitment process while selecting/appointing the petitioner. 10. The State Government has already made a commitment to provide free medical aid to the petitioner. Respondent-State shall abide by the same commitment throughout the petitioner's life. 11. It shall be open for the petitioner to seek any further direction from the Court as may be required keeping in view the changed circumstances in future. With the aforementioned observations/directions, the writ petition stands disposed of, so also pending miscellaneous applications, if any.