K.C. Gupta, President:
1. Briefly stated the facts are that the complainant No. 1 Sajjan Sachdeva, minor aged about 11 years (at the time of filing complaint) is son of Rajiv Sachdeva-complainant No. 2.
2. It was averred that new Sabzi Mandi was set up at Jallandhar by the Punjab Mandi Board,Chandigarh. In the year 1993, opposite party No. 4 auctioned plots for shops in the Mandi and Sh.Madan Mohan Sachdeva (now deceased) father of complainant No. 2 purchased plot No. 87 in Sabzi Mandi in open auction.
3. It was next averred that 11 K.V. high tension wire was passing over plot Nos. 85 to 87, 37 to 52 which was not shifted, although request was made to opposite parties to shift the high tension wire. Even M/s. Rama Krishna Traders to whom plot No. 86 was auctioned had filed a civil suit for mandatory injunction against opposite parties for removing high tension wire but no action was taken.
4. It was further averred that Sh.Madan Mohan Sachdeva and neighbours of plots No. 85 and 86 completed the construction as per design given by Punjab Mandi Board which also included staircase leading to the roof of the shops. OPs had assured that the high tension wire would be shortly removed. After construction was complete, it was found that high tension wire was passing barely three feet above the roof of above said shops. The site plan depicting the high tension wire is Annexure C-1.
5. It was next averred that Sh. Madan Mohan Sachdeva had applied for electric connection which was sanctioned bearing No. DV 28/0080 and 0082 by the Board in the year 1994 and since then, the bills had been regularly paid.
6. It was further averred that numerous accidents had taken place in the New Sabzi Mandi due to overhanging 11 K.V. high tension wire but no action was taken. Even the plight of dealers operating from the New Mandi Township and regarding unfortunate accidents which had taken place were highlighted in different vernacular newspapers â Punjab Kesri, Jagron and clippings collectively are Annexure C-3.
7. It was next averred that after a period of 5 years, the Electricity Board framed an estimate for the shifting of 11 K.V. high tension wire and forwarded to Punjab Mandi Board. Ultimately Punjab Mandi Board vide cheque dated 12.2.1999 bearing No. 227233 deposited the desired amount of Rs. 3,54,700 with the Punjab State Electricity Board for shifting the line. Another sum of Rs. 1,700 was deposited vide receipt dated 16.2.1999, Annexure C-5 and then District Mandi Officer of OP No. 4 requested the Electricity Board to shift 11 K.V high tension wire immediately. The copy of the letter of District Mandi Officer is Annexure C-6 but the Electricity Board did not pay any heed.
8. It was further averred that on 3.3.2002 complainant No. 1 had gone to the shop of his father âcomplainant No. 2 and went to the roof of shop just for playing and came in contact with 11 K.V. high tension wire and was thrown away with a jerk. As a result of sparking, his clothes caught fire and he fell on the dry grass lying on the roof of shop which also caught fire and started burning. A few labourers passing from the street noticed the fire and alerted Sh. Neeraj Kumar, uncle of complainant No. 1 who was sitting in the shop. Sh.Neeraj Kumar with the help of a few workers immediately rushed him to Sacred Heart Hospital and then shifted to Pasrisha Hospital, Jallandhar and he was immediately attended by Dr.Puneet Pasricha. The condition of complainant No. 1 was critical as he had suffered major third degree burns of the trunk, both arms and both legs following an electric shock. The affidavit of Dr. Pasricha is Annexure-C-9. He remained admitted in the nursing home from 3.3.2002 to 27.4.2002 and then after a short interval from 29.4.2002 to 4.5.2002 and then from 19.8.2002 to 22.8.2002 and both legs were amputated by Dr. Pasricha on 23.3.2002 after gangrene had developed in the legs. His two middle fingers of right hand were also amputated and since then, he was regularly undergoing treatment at Pasricha Hospital and the record of his attending from 3.3.2002 to 22.8.2002 is Annexure C-10.
9. It was next averred that after the unfortunate incident, the members of Aartiya Association gheraoed the office of OP No. 2 and as a result of pressure built up on him 11 K.V. high tension wire was shifted on 9.3.2002.
10. It was further averred that Chief Electrical Inspector had independently conducted an inquiry into the incident and came to the conclusion that there was, inter alia, violation of Rule 29 of the Indian Electricity Rules,1956 and OP Nos. 1 to 3 were at fault. The copy of the report is Annexure C-13.
11. It was next averred that complainant No. 1 was a student in C.T.Public School, Jallandhar and was having brilliant academic career and as a result of incident, his career had been ruined and he had become 100% permanent disabled and disability certificate issued by Civil Surgeon, Jallandhar is Annexure C-14. Besides suffering permanent disability, he had also underwent mental trauma and unimaginable tension.
12. Alleging deficiency in service, the complaint dated 27.1.2004 was filed for grant of compensation of Rs. 53,37,040 along with interest @ 18% p.a. as mentioned in paras-20 to 25 of the complaint. The complaint was actually filed on 3.2.2004.
13. Sh.Sham Lal Bhalla,Advocate appeared for Sh.Krishan Kumar Goel for OP Nos. 1 to 3 but later on none appeared on their behalf. No evidence has been produced by way of affidavits by OP Nos. 1 to 3. Again on 1.7.2004, Sh.Krishan Kumar Goel, Advocate appeared on their behalf but subsequently he neither appeared, nor, filed any written reply and evidence by way of affidavits.
14. However, OP No. 4 contested the complaint and filed written reply. It admitted that New Sabzi Mandi was set up in the year 1993 and Mr. Madan Sachdeva was allotted plot No. 87 in the Sabji Mandi. It also admitted that M/s. Rama Krishna Traders had filed a suit for mandatory injunction in the Civil Court, Jalandhar and that suit was dismissed in default on 20.3.2002. It further stated that Punjab State Electricity Board through letter of OP No. 2 dated 10.2.1999 informed the market committee, Jalandhar that for shifting of 11 K.V. line an amount of Rs. 3,56,700 was to be deposited. The copy of the said letter is Annexure R-2. OP No. 2 acknowledged the receipt of Rs. 2,000 deposited by the Market Committee, Jallandhar and directed to deposit remaining payment of Rs. 3,54,700 which was deposited by the Market Committee, Jallandhar City vide cheque No. 227233 dated 12.2.1999. The copy of the letter for depositing cheque dated 15.2.1999 is Annexure R-3. In it, it was also requested that Board should shift the line immediately. It admitted that high tension line was passing over shop No. 87 in Sabzi Mandi. It further stated that again vide letter dated 16.2.1999 Annexure R-4 it had requested the PSEB to shift the high tension wire but it did not shift the wire. It next stated that it had performed its duty but it was Punjab State Electricity Board which did not perform the act and as such stated that complaint should be dismissed qua it.
15. Complainants and OP No. 4 adduced their evidence by way of affidavits.
16. We have heard Counsel for complainants Mr. Vivek Sharma, Mr. S.K. Gupta,Advocate for opposite party Nos. 1 to 3, Mr. Amit Mehta,Advocate for OP No. 4 and carefully gone through the file.
17. It is an admitted fact that 11 K.V. high tension wire was passing over plot Nos. 85, 86, 87, 37 to 52 in the Sabzi Mandi, Jallandhar . When the plots were allotted to other persons including father of complainant No. 2 namely Sh.Madan Mohan Sachdeva, an electric pole which supported the wire had fallen in the neighbouring plot No. 86 which was auctioned to M/s. Rama Krishna Traders and as such M/s. Rama Krishna Traders had filed suit for mandatory injunction against opposite parties for directing them to remove the high tension electricity wire and that suit was ultimately got withdrawn as OP No. 4 had assured that the high tension wire would be shifted shortly. Sh. Madan Mohan Sachdeva and neighbours of plot Nos. 85 and 86 completed construction as per design given by Punjab Mandi Board which included a staircase leading to the roof of shop. After making construction as per design supplied by OP No. 4, it was found that high tension wire was barely three ft. above the roof of shops. This is so depicted in the site plan Annexure C-1. Admittedly shop No. 87 belonged to father of complainant No. 2 and his father had died and now the shop vests in complainant No. 2.
18. Admittedly OP No. 4 had deposited Rs. 3,54,700 vide cheque dated 12.2.99 bearing No. 227233 and further Rs. 1,700 vide receipt dated 16.2.1999 Annexure C-5. A perusal of Annexure C-5 shows that Rs. 1,700 had been deposited by the Market Committee with the Electricity Board. Vide letter Annexure C-6, the District Mandi Officer had requested OP No. 1 that an amount of Rs. 3,54,700 vide cheque dated 12.2.99 had already been deposited and as such 11 K.V. lines of electricity be shifted immediately. However, the Electricity Board did not bother to shift the same. Even M/s. Rama Krishna Traders who were allottee of plot No. 86 had filed suit for mandatory injunction for the removal of high tension wire which was passing over their plot No. 86. The copy of the suit is Annexure C-4. The Punjab State Electricity Board and Administrator, New Mandi Township,Jallandhar were made parties. This suit is dated 16.8.1996. OP No. 1 filed reply and stated that the amount for shifting high tension wire was not deposited by the Mandi Board, so, it was not possible to remove the same without completing formalities. However, Mandi Board in its reply stated that they had received letter from PSEB for depositing the amount and order had been made for depositing the amount and proceeding for shifting high tension wire was in progress. This reply was filed on 15.5.1998. Still nothing was done, although, the amount of Rs. 3,54,700 was deposited on 12.2.1999.
19. The Chief Electrical Inspector had independently conducted an inquiry into the incident and the delay in shifting of 11 K.V. high tension wire. The copy of his report is Annexure C-13. It clearly points out that the Electricity Board was fully responsible for making payment of compensation to the victim Sajjan Sachdeva as he had become invalid for whole of his life due to this incident and there was violation of Rule 29 of Indian Electricity Rules,1956.
20. The unfortunate incident had taken place on 3.3.2002 and due to negligence of OPs the life of a young man having bright career had been ruined and reduced to zero. If OPs had taken steps early then this unfortunate incident would not have happened. The incident dated 3.3.2002 in which complainant was burnt is not an isolated. Earlier also such incidents had taken place but OPs did not bother. OP No. 4 is also negligent because a duty was cast upon it to remove high tension wire before allotting plots bearing No. 85, 86, 87 and other plots over which high tension wire was passing. If they had allotted plots then they would have not allowed to make construction upon the plots as by way of construction the design of which was provided by OP No. 4 only three ft distance remained there from roof over which high tension wire was passing. It was at a very late stage that OP No. 4 had deposited the amount because the plots were allotted in the year 1993 and OP No. 4 had deposited the amount in the year 1999 after six years. Still nothing moved and OP Nos. 1 to 3 took more than three years to remove high tension wire when the incident of burning of complainant No. 1 took place and the members of Aarti Association, Jallandhar put a Dharna before the office of Electricity Board for removal of high tension wire. It is true that initially it was OP No. 4 who was negligent as it should not have auctioned plots over which high tension wire was passing but subsequently when the amount was deposited in the year 1999, then the Electricity Board was at fault because it did not take prompt action for shifting of wire. If high tension wire had been removed within reasonable time, then this unfortunate incident would not have taken place. Therefore, we hold that OP Nos. 1 to 3 as well as OP No. 4 are negligent in not getting high tension wire removed from plot No. 87 upon which shop was built by the father of complainant No. 2 with the permission of OP No. 4.
21. The affidavit of Dr. Puneet Pasricha s/o Dr. K.K. Pasricha has been filed which shows that complainant No. 1 Sajjan Sachdeva was admitted in his hospital on 3.3.2002 with major third degree burns of the trunk, both arms and both legs following electric shock. His both legs were gangrenous and required amputation which was done on 23.3.2002 and his two middle fingers of right hand were also amputated. He further stated that he remained admitted in his clinic for multiple split skin grafting to cover the raw area following burns from 3.3.2002 to 27.4.2002, 29.4.2002 to 4.5.2002, 11.6.2002 to 14.6.2002 and from 19.8.2002 to 22.8.2002. He further stated that during hospitalization, the patient was administered medicines, treatment as attested and blood transfusions and further he required artificial limbs for his rehabilitation.
22. Dr. H.J. Singh in his affidavit stated that on 3.3.2002 he received an urgent telephone call from Neeraj Kumar calling him to attend a minor child and he immediately rushed to attend the child and the patient Sajjan Sachdeva was found suffering from severe third degree burn injuries and front and back of his body as well as both his arms and legs were burnt. He advised the attendant to take him to Pasricha Hospital, Adarsh Nagar, Jallandhar. There is certificate Annexure C-27 on file issued by Endolite Prosthetic and Orthotic Centre which shows that Master Sajjan Sachdeva was fitted with a Bilateral Endolite Trans Femoral system at their clinic, New Delhi Centre in July, 2003 and the total cost of fitment of prosthesis was Rs. 1,07,000 and its warranty was for a period of two years. It was further stated that since he was growing child, so, he was required to undergo socket change at least once a year due to anatomical changes in his body and there would be need of change certain components or the complete system once every two years depending upon the usage and wear and tear.
23. The complainant had given break-up of details of expenditure incurred on medical treatment in para-20 of the complaint which is as under:
| Sr. No. | Particulars | Amount (Rs.) |
| 1. | Charges paid at the Pasricha Hospital and Nursing Home (Annexure -17) | |
(i)Â Duplicate bills dated 27.4.2002, 4.5.2002, 14.6.2002 and 27.8.2002 totalling | 67,050.00 | |
| (ii)Â Operation fee mentioned separately on these bills totalling | 24,000 .00 | |
91,050.00 | ||
| 2. | Medicine bills (along with prescriptions from the Pasricha Hospital and Nursing Home) (Annexure C-18) | 81,490.00 |
| 3. | Artificial limbs invoice and receipts Annexure C-19) | 1,07,000.00 |
| 4. | Misc. receipts | 7,500.00 |
| 5. | Bills for various tests conducted by the Pasricha Hospital and Nursing Home (Anenxure C-20) | 30,000.00 |
| 6. | Blood transfusion charges (approx) | 20,000.00 |
| Total: | 3,37,040.00 |
24. There is disability certificate Annexure C-14 issued by the Medical Board headed by Civil Surgeon,Jallandhar dated 29.5.2003 in which they stated that permanent disability is 100%. The school card Annexure C-15 shows that he was a brilliant student. The bills collectively Annexure C17 show the expenses incurred by the complainant in getting treatment from Pasricha Hospital.
25. The complainant No. 1 had become invalid for whole of his life and his disability is100% for both the lower limbs and further his prospects in career has been dashed to the ground and his marriage prospects has also dwindled. In fact he had become invalid for whole of his life and has become dependent for routine chores upon his family members. In such circumstances, grant of Rs. six lacs as compensation will be suffice on the basis of estimate and guess work as there is no standard formula for granting the same. In similar circumstances, Orissa High Court in Chairman, Grid Corporation of Orissa Ltd. And Othersv. Smt. Hemalata Sethi and Others, AIR 2004 Ori. 118, had granted compensation as the defendant had failed to discharge burden as they did not prove that in spite of due diligence and all precautionary measures taken, deceased was victim of his careless conduct. In the present case there is not an iota of evidence that OP Nos. 1 to 3 or for that purpose OP No. 4 had taken proper precautionary measures and in spite of their due diligence, incident had taken place in which complainant No. 1 Sajjan Sachdeva was careless. Rule 29 states that it is duty of the Electricity Board to maintain all electric supply lines and apparatus properly, so as to prevent danger but they did not bother and violated rule with impunity.
26. Therefore, the complaint is accepted with costs of Rs. 10,000 and in all we grant Rs. 9,37,040 i.e. Rs. six lacs as general damages and Rs. 3,37,040 spent on his treatment as mentioned in para-20 of complaint. This amount is directed to be paid by OP Nos. 1 to 4 jointly and severally, along with interest @ 9% p.a. from the date of filing the complaint on 3.2.2004 till the date of payment.
27. Copies of this order be communicated to the parties, free of charge.