Pay Rs 30 lakh to victim: HC to MSPDCL
Source: The Sangai Express

Imphal, July 26 2018: A Division Bench of the High Court of Manipur has directed the Managing Director of Manipur State Power Distribution Company Limited (MSPDCL) to pay a compensation of Rs 30 lakh to a minor victim whose hand was amputated after he received an electric shock from an unfenced transformer installed at Ukhrul town complex last year.

The order was passed by the Division Bench High Court of Manipur comprising of Chief Justice Ramalingam Sudhakar and Justice Kh Nobin on July 11, after a writ petition was filed by the 6 year old victim and his father Somi Kamkara (52) s/o (L) Saitui Kamkara of Nungbi Khullen Ukhrul before the High Court.

The incident was reported by The Sangai Express as an exclusive news on October 20 last year while the victim was undergoing treatment at JNIMS.

On the basis of the news report, the District Legal Services Authority, Ukhrul, submitted their report and took up a suo moto case.

On the other hand, the minor victim and his father also lodged a writ petition before the High Court demanding compensation of Rs 1,19,30,000 compensation within a stipulated time period.

According to the writ petition (filed through counsel Advocate S Thoi Thoi), it was submitted that the victim went to attend an Edu Fest which was held at Ukhrul town hall on September 6 last year and which was attended by the State Education Minister.

While the event was going on, the victim tried to relieve himself and as such he went to the western side of the hall where an electric transformer was installed without any fencing or safety measures.

The victim received high voltage shock from the transformer and was found lying unconscious with severe burn injuries on both hands and other parts of his body.

Some youth of the locality who noticed him lying unconscious took him to a nearby private hospital and the minor victim later was shifted to Ukhrul District Hospital on September 15.The doctors present at Ukhrul District Hospital advised the parents to take the victim either at RIMS or JNIMS and as such the victim was admitted to RIMS the next day (September 16).After undergoing treatment for 17 days, the victim was discharged from RIMS on October 2 last year and admitted to JNIMS hospital for further treatment.

While still at JNIMS, the victim's left hand was amputated and according to the doctors the victim's right hand may also meet the same fate as it too had suffered critical injuries.

Hence the petition was filed praying for payment of compensation.

On the other hand an affidavit in opposition was filed before the Court by Momota Devi Oinam, Additional Advocate General, High Court of Manipur, on behalf of the respondents Managing Director MSPDCL and Deputy General MSPDCL.

It was further submitted that the entry point into the transformer area was secured by way of fencing with wooden planks which started withering in due course of time and that it was unfortunate the minor had climbed the wooden gate/fence and touched the wire.

It was also submitted that as per the standing order, the amount of ex-gratia payable in case of grievous injury due to electrocution is Rs 10,000 only.

The Division Bench, after hearing both sides, allowed the writ petition and directed the respondents, in particular the Managing Director of MSPDCL to pay Rs 30 lakh to the victim/ petitioner within 60 days from the date of receiving the judgment order,.

The order also mentioned that in case of failure to pay the said compensation, the said amount of Rs 30 lakh shall be paid with in interest at the rate of 6 percent per annum.

The Court also directed a sum of Rs 5 lakh (out of the Rs 30 lakh) to be paid to the victim father for use as medical expenses and the remaining Rs 25 lakh be kept in the name of the victim through his father in a fixed deposit in a nearby Nationalized bank till the victim attains the age of 21 years.

It also instructed that only the monthly interest accrued shall be utilized by the victim's father towards the day to day requirement including food, education and others.

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