HC relief for electrocuted girl’s family
SHILLONG: The High Court of Meghalaya has directed the Meghalaya Energy Corporation Limited (MeECL) to pay over Rs 12 lakh ( Rs 12,67,000) to the mother of a city student who was electrocuted in 2012.
The petition filed by Soma Joshi, the mother of the victim on December 9, 2015 is that on February 19, 2012 at around 3.30 p.m., her daughter Sheetal Joshi,(23), a student of first year B.A. at Umshyrpi College, went to the terrace of the residential building situated at Police Reserve Quarter, Shillong to collect clothes accompanied by one Anita Sangma; and both of them got electrocuted on coming in contact with the 11 KV electricity supply line passing dangerously close to the building.
While Anita Sangma had succumbed to the injuries, the petitioner’s daughter who suffered 80% burn injuries was hospitalized and during the course of treatment, both her upper limbs had to be amputated.
In the case of Anita Sangma, the MeECL had already paid a compensation of Rs. 7,65,000 to one Sukendra Sangma, the father-in-law of the victim whose husband had predeceased her and she was about 27 years of age with two children, but the MeECL did not consider the case of Sheetal Joshi.
According to the petitioner, on March 28, 2012, her husband Chhabilal Joshi filed an application before the Chairman-cum-Managing Director of MeECL for payment of adequate compensation and for appointment no response. Later, the petitioner’s daughter expired on July 9, 2012 due to the injuries sustained in electrocution.
The respondents, however had submitted that as per the reports of the senior Electrical Inspector, the victim Sheetal Joshi had thrown a ten rupees note from the top of the building to a girl on the ground to get the bettlenuts (kwai) but, for the note having got stuck on the projection of the building, the victim tried to push the same with the help of a 10 to 12 feet long G.I. pipe; and while moving back after pushing the note, she lost control and the pipe she was holding came in contact with the HT conductor resulting in electrocution. According to the respondents, the electrocution had only been due to the fault and negligence of the petitioner’s daughter.
However, the Chief Justice Dinesh Maheshwari in his order said that , even if the suggestions of the respondents about the daughter of the petitioner using a long GI pipe to push the currency note on the projection of the building and then, getting electrocuted because of the pipe coming into contact with the HG conductor is accepted at its face value, the respondent Corporation cannot escape its responsibility towards the incident for having laid a high voltage transmission line dangerously close to the residential building.
While the Chief Justice awarded Rs 10 lakh towards long drawn treatment and hospitalization of the petitioner’s daughter, the MeECL was asked to pay an additional Rs 2,67,000 towards the loss of dependency and other damages for untimely demise of her daughter due to electrocution.
Hence the petitioner is entitled to receive a total of Rs 12,67,000 from MeECL.
According to the court, though the petitioner was not awarded the interest at present but a provision for interest deserves to be made, if the respondents fail to make payment of the awarded amount within stipulated time.
The court said that the respondents should make payment of compensation within sixty days from Monday ” failing which the respondents shall also be liable to make payment of the amount so awarded with interest @ 6% per annum from the date of filing of writ petition (December 9, 2015) and until payment.