Srinagar: The High Court of Jammu and Kashmir and Ladakh has directed authorities to pay a compensation of Rs 30.20 lakh to a minor boy from Bandipora who suffered 90 percent permanent disability after being electrocuted by a high-tension (HT) power line passing close to his home.
Justice Javed Iqbal Wani, while pronouncing the judgment in WP(C) No. 3500/2019 titled Aatif Irshad Kumar vs Union Territory of J&K and Others, held the Power Development Department (PDD) strictly liable for negligence. The court ruled that despite prior objections by locals, the department had installed a 33,000 KV line dangerously close to residential structures in Mantrigam Bandipora.
The victim, then a six-year-old boy, came in contact with the live wire in November 2018, suffering severe burns that led to the amputation of his right hand, thumb of the left hand, and a toe. His disability was later certified as 90 percent permanent by a medical board.
Rejecting the government’s defence that the child was at fault, the court said it was the authorities’ legal duty under the J&K Electricity Act, 2010 to prevent unsafe constructions or installations near power lines. The court invoked the “strict liability” doctrine, citing the Supreme Court ruling in M.C. Mehta vs Union of India (1987), which makes state functionaries fully accountable in cases involving hazardous activities.
The petitioner was represented by Advocate Bashir Ahmed Tak who told the news agency Kashmir News Trust that the compensation includes Rs 10 lakh for pain and suffering, Rs 13.5 lakh for an artificial limb, Rs 2.5 lakh for treatment expenses, and Rs 4.2 lakh for attendant costs. The amount will be deposited in a fixed account in the child’s name, with monthly interest to be used for his medical care until he attains adulthood.
Justice Wani ordered payment of the compensation with six percent annual interest from the date of filing the petition. [KNT]
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