Punjab and Haryana High Court Awards Rs 1 Crore Compensation to Minor Girl Injured by High-Tension Line
The Punjab and Haryana High Court has delivered a landmark judgment, awarding Rs 1 crore in compensation to a minor girl who sustained life-altering injuries after coming into contact with an 11 kV high-tension line adjacent to her residence in Ateli town, Mahendragarh district, Haryana, in January 2022. The court emphasized the child's constitutional right to a dignified life under Article 21, highlighting the severe physical and emotional trauma she endures.
Details of the Tragic Incident and Court's Ruling
At the time of the accident, the girl was only six years old and playing in her own home when she suffered severe burns from the high-tension wire. This led to the amputation of her right arm and resulted in a permanent disability assessed at 92%. A division bench comprising Justice Harsimran Singh Sethi and Justice Vikas Suri presided over the case, ruling that the girl is entitled to be restored to the position she would have been in had the wrong not occurred.
The court noted that the power line passed dangerously close to the balcony of her house, creating a clear hazard. Despite repeated complaints from the family to relocate the line, no corrective action was taken. An inquiry under the Electricity Act found the distribution company, Dakshin Haryana Bijli Vitran Nigam Limited, fully responsible for the accident.
Court's Emphasis on Child's Rights and Negligence
In its detailed order, the court stated, "The girl, now 10, has a right to lead a healthy, happy and dignified life under Article 21 of the Constitution. Owing to the loss suffered on coming in contact with the high-tension wire, when she was playing in her own home, she has to now live with the trauma and shall remain physically challenged throughout life." The bench further observed that during her growing years, she would compare herself with other children, facing inconvenience, discomfort, frustration, and mental stress indefinitely.
The court firmly rejected arguments of contributory negligence, asserting that a child of such tender age cannot be expected to foresee or avoid such risks. "The distribution licensee failed in its statutory duty to maintain safe infrastructure," the bench held, underscoring that electricity is an inherently dangerous commodity requiring the highest standards of care.
Compensation Breakdown and Legal Principles
While the power utility had previously granted Rs 18.9 lakh under its internal compensation policy, the court deemed this amount grossly inadequate. Applying established legal principles, the court calculated the total compensation at Rs 99.93 lakh. This comprehensive sum covers:
- Loss of future earning capacity
- Medical and rehabilitation expenses
- Pain and suffering
- Cost of a lifelong attendant
- Loss of amenities and marriage prospects
- Expenses for a prosthetic limb and future care
This ruling sets a significant precedent for cases involving utility negligence and child safety, reinforcing the accountability of public service providers in ensuring infrastructure safety.
