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HC grants Rs 20 lakh compensation to disabled electrician

New Delhi, August 25 (PTI): The Delhi High Court Wednesday awarded Rs 20 lakh as compensation to an electrician who was left 100 per cent disabled after falling from an electricity pole here and directed that a provisional store be opened for his benefit from the amount.

The high court said the compensation amount has to be paid in equal parts by BSES Rajdhani Power Limited (BRPL), which distributed electricity in certain parts of Delhi, and M/s Bryn Construction Company (Bryn) which was carrying out repair and maintenance works for BRPL.

Justice Anup Jairam Bhambhai said that although the now 28-year-old electrician -– Bharat — was living, he was barely alive and directed the State of Uttar Pradesh, where he now resided, to continue to provide to him disability pension, free physiotherapy and occupational therapy and other assistance as may be given to him from time-to-time. “Bharat suffered a fall in the course of performing the task assigned to him by Bryn (M/s Bryn Construction Company), which has resulted in him being rendered 100 per cent disabled.

Today Bharat is unable to perform even the most basic, personal, daily chores himself and is all but 100 per cent dependent on others; and as a result, though Bharat is living, he is barely alive,” the judge said.

“This sum of Rs twenty lakhs shall be paid by Bryn and BRPL to Bharat in two equal parts, namely Rs ten lakhs only each, within four weeks from the date of this judgement, by depositing the same into a new account in the name of ‘Bharat Singh’,” the court ordered. It added that the victim would also be entitled to retain the entire balance lying in a savings account and fixed deposit opened under the instructions of the court in 2016.

In 2014, then 21-year-old Bharat, while working as an electrician with Bryn, suffered a fall while rectifying a fault in an electricity pole that was causing fluctuation in the electricity supply at a farmhouse in Bijwasan, New Delhi. The accident was caused after the electricity pole that he had climbed on, snapped and fell.

The court said that at the time of the accident, the electrician was performing a task for Bryn and at their instance and “on the principle of ‘strict liability’, both Bryn and BRPL are, jointly and severally, liable to compensate him for putting him in his current state.” Advocate Prabhsahay Kaur, who assisted the court as an amicus curiae, argued that victim’s claim ought to be decided simply on the principles of ‘strict liability’ of BRPL and Bryn.

“While BRPL and Bryn both contend that all requisite safety equipment and precautions were made available by them, neither BRPL nor Bryn explain why such equipment, if available, failed to protect Bharat from the serious injury he suffered.

They do not explain why, if Bharat failed or refused to use such equipment, did their officers who were present at site allow Bharat to perform the task without requisite safety equipment,” the court observed.

The court recorded that the directions for setting-up a store in Bharat’s name was made on counsel for State of Uttar Pradesh’s assurance that no license would be required for such an establishment which would run from his house, and that the same would ensure proper utilisation of the compensation money while giving him an “opportunity of usefully engaging himself in some gainful activity.”

In the petition before the court, Bharat’s father stated that his son was virtually bed-ridden and was unable to perform any daily chores on his own. The courts stated that besides the “dismal physical state”, “Bharat was a psychological wreck”.

Disclaimer :- This story has not been edited by The Sen Times staff and is auto-generated from news agency feeds.
Source: PTI


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