Anshu vs State Of Haryana And Others on 16 March, 2026

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    Punjab-Haryana High Court

    Anshu vs State Of Haryana And Others on 16 March, 2026

    Bench: Harsimran Singh Sethi, Vikas Suri

         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH
    
                                                        CWP-17880-2023 (O&M)
                                                        Date of decision: 16.03.2026
    
    Anshu
                                                                             ...Petitioner
                          Versus
    
    State of Haryana and others
    
                                                                         ...Respondents
    
               1.   The date when the judgment is reserved             24.02.2026
               2.   The date when the judgment is pronounced           16.03.2026
               3.   The date when the judgment is uploaded on the      16.03.2026
                    website
               4.   Whether only operative part of the judgment is         Full
                    pronounced or whether the full judgment is
                    pronounced
               5.   The delay, if any, of the pronouncement of full   Not Applicable
                    judgment, and reasons thereof
    
    
    CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
           HON'BLE MR. JUSTICE VIKAS SURI
    
    Present:        Mr. Anil Kumar Bhardwaj, Advocate for the petitioner.
    
                    Mr. Aman Mittal, DAG, Haryana.
    
                    Mr. Deepak Balyan, Advocate with
                    Mr. Vicky Chauhan, Advocate for respondent Nos.2 to 5.
    
                                         *****
    VIKAS SURI, J.
    

    1. The present petition under Article 226 of the Constitution of

    India has been filed by the petitioner – Anshu, who is stated to have

    SPONSORED

    suffered permanent disability, at the tender age of about 6 years, as a

    result of coming in contact with a 11 kV Nawadi DS line, operated and

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    maintained by respondent No.3-distribution licensee, namely Dakshin

    Haryana Bijli Vitran Nigam Ltd. (hereinafter referred to as ‘Nigam’).

    1.1 Through the instant petition, the petitioner, inter alia, seeks

    award of compensation to the tune of `2 Crore, besides challenging the

    instructions/policy dated 15.07.2019 (Annexure P-8) to the extent it

    prescribes uniform norms for providing compensation to all categories of

    victims of accidents caused by electrocution, including children, and to

    the extent it applies the provisions of the Employees’ Compensation Act,

    1923 (for short, ‘Act of 1923’) to children of age less than 16 years; and

    has also impugned the order dated 13.02.2023 (Annexure P-10) whereby

    compensation of `18,92,311/- was sanctioned under the supra

    instructions, to the extent that it does not include compensation under the

    heads like future prospects, inflation, past and future medical expenses,

    mental harassment, physical pain, loss of marriage prospects, expenses for

    exclusive caretaker, etc.

    2. Succinctly, a High Tension (HT)/ High Voltage (HV)

    (11000 volts) electric line (wire) passes in front of the house of the

    petitioner. Such HT/HV lines are used to distribute power from sub-

    stations to local, pole-mounted transformers, which step the voltage down

    for consumption by homes and businesses. The father of the petitioner had

    requested the authorities a number of times to shift the High Tension (HT)

    11 kV line away from his house, however, no heed was paid to the said

    requests. Even the coverings of the said wires, owing to weathering, were

    damaged over a period of time and the request to the department to

    replace the same did not bear any fruit.

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    2.1 On 25.01.2022 at around 3:00 p.m., the petitioner was

    playing on the terrace of the house. She heard a sound, which lured her

    towards the balcony; and the petitioner ran towards the sound’s source,

    i.e. towards edge of the balcony. The aforesaid 11 kV HT line ran in front

    of the house of the petitioner, almost touching the grill of the house. Most

    unfortunately, the petitioner came in dangerous proximity to the said high

    tension wire running precariously close to the balcony and suffered severe

    burn injuries. Thereafter, the petitioner was immediately taken to Soni

    Devi Hospital, Neemrana, Rajasthan, from where, after being provided

    initial treatment, she was referred to PGIMER, Chandigarh on

    26/27.01.2022 and was admitted in the emergency ward on 27.01.2022 at

    around 5.00 PM. The nature of injuries received by the petitioner were

    such that during her treatment at PGIMER, her right arm was

    disarticulated/amputated from her right shoulder and there was

    contracture of her left hand’s ring and little fingers. Resultantly, on

    account of amputation, the petitioner suffered 92% permanent disability,

    being a case of locomotor disability. The disability certificate dated

    20.08.2022 issued by the Medical Authority, Mahendragarh, Haryana has

    been placed on record as Annexure P-4.

    2.2 The father of the petitioner ran from pillar to post before

    various authorities and also filed criminal complaints against the

    respondent authorities, which did not yield any immediate result or relief

    in the form of interim financial assistance. After persistently following up

    the matter, FIR No.0067 dated 01.03.2022 was registered under Section

    338 IPC at Police Station Ateli, District Mahendragarh.

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    2.3 The petitioner also approached this Court through her natural

    guardian, by way of writ petition, bearing CWP No. 22063 of 2022,

    praying for compensation of a sum of Rs.2 crores to the petitioner. Upon

    notice of the said petition, learned counsel appearing on behalf of the

    respondents contended that the incident occurred on 25.01.2022 and the

    policy dated 15.07.2019 notified by DHBVNL relating to compensation

    to the victims of fatal/non-fatal accidents was in force at the relevant time

    and hence, in the event of the petitioner submitting her claim before the

    competent authority as per the said policy, the same shall be considered

    and an expeditious decision in terms of the policy ibid shall be taken

    thereon. The said contention/offer was accepted on behalf of the petitioner

    without prejudice to her rights. Accordingly, with the consent of the

    parties and without prejudice to their respective rights or commenting

    upon the merits of the case, liberty was granted to the petitioner vide order

    dated 23.09.2022, to approach the respondent authorities for seeking

    disbursement of compensation in terms of the applicable policy. It was

    further stipulated that in the event of filing of such claim/representation

    by the petitioner, the same shall be decided expeditiously, preferably

    within a period of 4 months from the date of filing of such

    claim/representation, after affording an opportunity of hearing to the

    parties concerned.

    2.4 In deference to the order dated 23.09.2022 (Annexure P-7)

    passed by this Court in CWP-22063-2022, the petitioner moved a

    representation dated 19.12.2022 (Annexure P-9), and the respondent

    authorities, vide order dated 13.02.2023, awarded compensation of

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    Rs.18,92,311/- in favour of the petitioner, in terms of the policy dated

    15.07.2019. The petitioner received the aforesaid amount under protest

    and the said amount entirely stands deposited in five separate fixed

    deposit accounts (FDRs).

    3. The petitioner still feeling aggrieved by the inadequacy of

    compensation awarded by respondent No.3-Nigam, has approached this

    Court by way of the present writ petition.

    4. Learned counsel for the petitioner argued that the amount of

    compensation payable under the policy dated 15.07.2019 is inadequate

    and is only a fraction of the liability that ought to be fastened upon the

    tortfeasor, i.e. the Nigam in this case. The awarded amount is far from

    being just and fair compensation for the damage suffered by the petitioner

    on account of negligence and malfeasance of the respondent Nigam. It

    was further submitted that the respondent Nigam cannot take refuge under

    the instructions dated 15.07.2019, to avoid or curtail its liability under

    public law.

    4.1 Learned counsel for the petitioner further argued that the

    policy dated 15.07.2019 itself has numerous shortcomings, which need to

    be remedied and the policy, as such, requires modification with the

    intervention of Court. It was also contended that the said policy has been

    made uniformly applicable to all categories of victims and the

    compensation for everyone is to be calculated as per the provisions of the

    Act of 1923, including employees of the department or private persons,

    working or non-working individuals, children and adults alike. There is no

    intelligible criteria in providing for a common method of calculating the

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    amount of compensation for adults and children under 16 years of age

    alike. There is no provision for special grant of medical expenses or for

    trauma, mental agony and physical pain suffered by a child. The amount

    to be calculated also does not take into reckoning the loss of marriage

    prospects or adequate compensation for hiring a dedicated caregiver,

    keeping in view the nature of injuries suffered. The method of calculating

    the compensation under the Act of 1923 has been made applicable on

    children as well, treating their income to be the minimum prescribed by

    the Government while ignoring the fact that future income can never be

    anticipated at such tender age. Moreover, nothing has been awarded to

    account for future prospects/inflation rate.

    4.2 Reliance has been placed on M.C. Mehta and another vs.

    Union of India and others, (1987) 1 SCC 395 and M.P. Electricity

    Board vs. Shail Kumari and others, (2002) 2 SCC 162. With regard to

    quantification of the compensation payable, reliance has been placed upon

    a judgment rendered by the Division Bench of Himachal Pradesh High

    Court in CWP-475-2013 decided on 09.01.2015 titled as Naval Kumar @

    Rohit Kumar vs. State of H.P. and others, as approved and modified by

    the Hon’ble Supreme Court in State of Himachal Pradesh and others vs.

    Naval Kumar @ Rohit Kumar, (2017) 3 SCC 115.

    5. Per contra, learned counsel for the respondent Nigam argued

    that to adequately deal with cases like that of the petitioner, the Nigam has

    already taken a conscious policy decision, which stands reflected in the

    instructions dated 15.07.2019. The petitioner has already been granted full

    and final compensation under the said instructions and hence, the present

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    petition is liable to be dismissed on that ground alone. No further amount

    is payable to the petitioner, after her having accepted the amount payable

    under the policy. It is further submitted that the father of the petitioner had

    extended the balcony of his house, and thus the respondent Nigam was

    not at any fault for the unfortunate incident, resulting in permanent

    disability of the petitioner.

    6. We have heard learned counsel for the parties and

    meticulously gone through the paper-book with their able assistance.

    7. The issues that arise for consideration in the present case are:

    i. Whether the petitioner can maintain a claim for
    compensation on account of the injury and damage
    suffered, after having been awarded compensation
    under the instructions dated 15.07.2019. If answered in
    the affirmative, what would be a fair and just amount;
    ii. Whether the instructions dated 15.07.2019 are
    inadequate inasmuch as it does not include
    compensation under the heads like future prospects,
    inflation, medical expenses (past and future), physical
    pain and suffering, mental harassment, decreased
    prospects of marriage, expenses for caretaker and
    special diet, etc;

    iii. Whether the instructions dated 15.07.2019 are arbitrary
    and liable to be read down inasmuch as it prescribes
    uniform norms of providing compensation to all
    categories of victims alike, including minors, and to
    the extent it adopts the provisions of the Employees’
    Compensation Act, 1923
    , to determine compensation
    for children with age less than 16 years; and
    iv. Whether the order dated 13.02.2023 (Annexure P-10)
    awarding compensation under the supra instructions is
    liable to be modified and the compensation enhanced,

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    keeping in view the settled principles of computing
    compensation in death/injury cases.

    8. It would be apposite to note the salient features of the

    compensation policy contained in the instructions dated 15.07.2019

    (Annexure P-8), which are extracted hereunder for ready reference:

    1. Dakshin Haryana Bijli Vitran Nigam (hereinafter
    called DHBVN) is engaged in activities which are
    hazardous and risky to human life. Presently, DHBVN
    pays compensation to its employees under Employees
    Compensation Act 1923. Similarly, private persons are
    also awarded compensation as per formula applicable to
    its regular employees in case the Nigam owns its
    negligence.

    2. It has been noticed that there are certain
    discrepancies as well as inadequacy in the compensation
    presently being paid for the fatal as well as non-fatal
    accidents of human beings due to electrocution. Under
    such circumstances, the Nigam should compensate for the
    damage caused to human life due to electrocution,
    irrespective of any carelessness or fault on its part or on
    the part of employees of the Nigam.

    3. Accordingly, the revised norms are hereby
    prescribed for the payment of compensation for fatal as
    well as non-fatal accident of human beings due to
    electrocution or working on electrical system of the
    DHBVN or while on duty for the DHBVN.

    4. The compensation allowed under these
    instructions is over and above the benefits otherwise
    admissible to the concerned categories as per the terms of
    employment/ contract/ applicable law.

    5. The compensation allowed by the DHBVN as
    above is purely on humanitarian ground and shall not
    create any obligation whatsoever enforceable in any court
    of law.

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    6. Туpe of Accidents:

    Depending upon the severity of the accident and its
    impact on human beings, the accidents due to
    electrocution are classified as under:-

    I. Fatal accident:- Resulting into the death of
    human beings.

    II. Non-Fatal Accidents:- Resulting into disability
    to human beings. Depending upon the disability,
    these non-fatal accidents are further classified as
    under:-

    (a) Accidents resulting in permanent disability.

    (b) Accidents resulting in partial disability.

    (c) Accident resulting in temporary disability.

    7. Category of the affected person:-

    The affected victims covered under the policy are
    categorized as under:-

                       I.     Regular employees of the Nigam.
                       II.    Contractual workers (Direct - Part Time and Full
                              Time).
    

    III. Contractual workers (Part Time and Full Time
    through contractors).

    IV. Private Persons.

    (a) Adults.

    (b) Children.

    V. Workmen engaged by contractor on Nigam’s
    works.

    The compensation payable to above mentioned
    categories is detailed out as under:-

    8. Nigam Regular Employees.

                  (I)         Fatal Accident
                              (a) to (c) xx xx      xx xxx
                   (II)       Non Fatal Accident
    

    The following compensation shall be payable to the
    victim:-

                  (A)         Permanent Disablement
                              (a) to (d) xx xx      xxxxx
    
    
    
    
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                  (B)     Partial Disablement
                          (a) to (b) xx xx       xxxxx
                  (C)     Temporarily Disablement
                          (a) to (b) xx xx       xxxxx
                  9.      xxxx
                  10.     xxxx
    

    11. Private Person for Fatal Accident & Non-Fatal
    Accidents
    DHBVN is engaged in the hazardous activity and
    risky for the human life and thus DHBVN owns
    strict liability for compensation to the private
    person. Accordingly, the compensation to the
    private person shall be payable in case of fatal as
    well as non-fatal accident irrespective of the
    reasons for such accident as the electricity system
    is open to the public. The compensation amount
    shall be payable as per provision of the Employees
    Compensation Act, 1923
    . However, this
    compensation shall be applicable for the accident
    cases occurring with the electrical network of the
    DHBVN and not in private premises.

    12. Private Person having age less than of 16 years
    for Fatal Accident & Non-Fatal Accidents
    The compensation for fatal as well as non-fatal
    accident to a private person having age less than 16
    years, shall be payable as per the provisions of the
    Employees Compensation Act, 1923. Since, the
    age factor for person having age less than 16 years
    is not available in the Employees Compensation
    Act
    1923, accordingly, the age factor for the 16
    years (being the highest age factor) shall be
    considered for working out the amount of
    compensation. However, this compensation shall
    be applicable for the accident cases occurring with
    the electrical network of the DHBVN and not in
    private premises.

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    12A. Workmen engaged by contractor on Nigam
    works (Part Time & Full time).

    I. In case of Fatal or Non Fatal Accident of
    workmen engaged by contractor on Nigam works,
    compensation amount shall be payable as per
    provision of the Employees Compensation Act,
    1923
    . However, this compensation shall be
    applicable for the accident cases occurring on the
    DHBVN network and not on the private premises.
    II. In case contractor is not coming forward to
    deposit compensation within a period of one
    month from the date of occurrence of accident,
    then Nigam being Principal Employer shall
    deposit the amount with Labour Commissioner in
    terms of Employees Compensation Act, 1923
    under intimation to the legal heirs of the deceased
    to collect the same. After deposit of the
    compensation amount, it shall be recovered from
    any amount payable to the contractor and if no
    amount is outstanding against the contractor, then
    the amount shall be recovered by way of filing
    civil suit against the contractor.

    III. In case of fatal/ non-fatal accident, the contractor
    shall inform the Nigam within 48 hours, the
    details of the said accident along-with the
    particulars of the workmen injured/ expired i.e.
    his/ her contact number, address, name and detail
    of nominee etc. on the proforma to be prescribed
    by the Nigam. On receipt of this information, the
    concerned officer of the Nigam i.e. Engineer
    Incharge/ DDO shall be responsible for taking
    necessary action as per the above terms. The
    Engineer Incharge shall also inform the details of
    the accident and action taken by him to the
    concerned Chief Engineer and
    Director/Operations, DHBVN, Hisar.

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    13. The authority for sanction of the compensation
    under the above policy shall be as under:-

    Sr. Category Type of Description Investigating Sanctioning
    No. of persons Accidents Officer Authority
    1 to xxxx xxxx xxxx xxxx xxxx
    16

    17. Private Fatal Compensation Respective Respective
    persons Accidents SE (OP) CE (OP)
    (Not more through CEI
    than the age
    of 16 years)
    18 -do- -do- Other Respective Respective
    financial SE (OP) CE (OP)
    assistance through CEI

    19. -do- Non-Fatal Compensation Respective Respective
    Accidents XEN (OP) CE (OP)
    through CEI
    20 xxxx xxxx xxxx xxxx xxxx
    to
    22

    9. A profound reading of the aforesaid compensation policy

    reveals that earlier, compensation was awarded to private persons also, as

    per the formula applicable to its regular employees, in case the Nigam

    owned its negligence. Noticing certain discrepancies and inadequacy in

    the compensation being earlier paid for fatal as well as non fatal accidents

    of human beings due to electrocution, the Nigam has taken a conscious

    decision to compensate for the damage caused to human life due to

    electrocution, irrespective of any carelessness or fault on its part or on the

    part of the employees of the Nigam. In other words, compensation under

    the instructions dated 15.07.2019 is to be paid under the principle of no

    fault liability.

    9.1 Clause 3 of the instructions ibid stipulates payment of

    compensation for fatal as well as non fatal accidents of human beings, due

    to electrocution from the electrical system of the distribution licensee.

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    9.2 Concededly, the petitioner suffered severe injuries on coming

    in close proximity/contact with the 11 kV HT line passing in front of her

    house. On an independent inquiry conducted by the Chief Electricity

    Inspector (CEI), in terms of Section 161 of the Electricity Act, 2003

    (hereinafter referred to as ‘the Act of 2003’), the report regarding the

    cause of accident and responsibility for the same in the instant case, held

    the Nigam to be also responsible for the incident. It is notable that the said

    finding has been arrived at after noticing the factual position that a 11 kV

    Nawadi DS line is passing near the house of the victim but allegedly the

    petitioner’s father, namely Raj Kumar, has illegally extended the balcony

    of his house towards the HT line. However, no material has been placed

    on record to substantiate the aforesaid allegation. Nonetheless, in view of

    the findings and the conclusion recorded in the inquiry report by the Chief

    Electricity Inspector, responsibility has been categorically fixed on the

    respondent Nigam.

    9.3 Clause 4 of the supra instructions, which is extracted

    hereinafter at the cost of repetition, leaves no room for any doubt that the

    compensation awarded under the instructions ibid, is over and above the

    benefits otherwise admissible to the concerned categories of victims as

    per the contractual obligation/applicable law. A perusal of the said

    unambiguous provision makes it candid that any compensation awarded

    under the instructions ibid would not create any fetters upon a

    common/public law remedy available under the applicable law.

    “4. The compensation allowed under these
    instructions is over and above the benefits otherwise

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    admissible to the concerned categories as per the terms of
    employment/ contract/ applicable law.”

    10. Learned counsel for the respondent Nigam is also not in a

    position to controvert the fact that the claim for award of further

    compensation by the petitioner stands covered under clause 4 read with

    clause 12 of the instructions dated 15.07.2019, notified by the respondent

    Nigam.

    11. There can be no dispute that human life and well-being has

    no price in monetary terms. If a person dies or suffers injuries by

    electrocution due to the misfeasance and carelessness of the distribution

    licensee, a case for payment of compensation would arise. Section 68 of

    the Act of 2003, and the relevant provisions of the Indian Electricity

    Rules, statutorily cast a duty on the distribution licensee, respondent

    Nigam in the present case, to keep the humans living in and around

    habitation, safe from any harm by the supply of potentially dangerous

    energy, especially through high voltage transmission lines. The Nigam

    was duty bound to follow the safety measures required to be observed for

    supply/transmission of electricity. Electricity is a dangerous commodity

    and it is statutory duty of the distribution licensee, i.e. the Nigam in the

    present case, to put in place all protective measures and to abide by the

    statutory provisions in that regard. In the present case, had the Nigam

    taken precautions and installed the necessary safety devices, the accident

    could have been avoided. The Nigam having failed to protect the life and

    property of the public at large in general and of the petitioner in particular,

    the present case falls within the ambit of strict liability.

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    12. The factual position is not in dispute in the present case. The

    respondent Nigam is the sole distribution licensee of the area where the

    accident has taken place and it was maintaining and operating the HT line

    to transmit High Voltage electricity, which is passing in front of the

    petitioner’s house and the accident has occurred on account of the said

    line. In view of the same, it is a fit case where the principle of res ipsa

    loquitur would apply with full strength.

    12.1 Further, with regard to the liability to pay compensation by

    the tortfeasor, in the case of a gravely injured child, the concept of

    contributory negligence cannot be made applicable. There can be no

    denying that a child functions according to his own reasoning and

    intelligence. As noticed hereinabove, there is no material brought on

    record to show that the petitioner was at any fault. Even with regard to the

    allegation qua the father of the petitioner having extended the balcony, in

    the absence of any material available on record and the factum that the

    respondent Nigam has accepted its negligence and liability, the petitioner

    cannot be held liable for contributory negligence. Even otherwise, the

    manner in which the accident had occurred, it was for the Nigam to

    establish contrary to the inquiry report that there was no negligence on its

    part. S6ince the HT line carrying high voltage electricity was passing at a

    very close distance from the petitioner’s house, no contributing

    negligence can be attributed to a girl aged about 6 years. A Division

    Bench of the Madhya Pradesh High Court in M.P. State Road Transport

    Corporation and others vs. Abdul Rahaman and others, reported in AIR

    1997 MP 248, held as under:

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    “11. From the aforesaid discussion relating to
    contributory negligence on the part of a child of tender
    age there is no doubt that the concept of contributory
    negligence cannot be made applicable to a child. A child
    functions according to his own reasoning and his
    intelligence. Logicality and rationality are not expected
    from a child as a child of tender age has no continuous
    thinking process and is governed by his impulse, instinct
    and innocence. Can one ever conceive that a child, if
    would have been aware of the peril, would ever commit
    an act which is dangerous or hazardous for him? The
    answer has to be a categorical ‘No’, because a child’s
    action is childlike and really innocent. Possibly for that
    reason, it has been said :–

    “The Maker of the Stars and Sea, become a
    Child earth for me?”

    A child remains a child in spite of all training and
    directions and if anything sparkles it is the glory of his
    innocence which makes him indifferent to the risks which
    an adult apprehends and pays attention.

    In view of our aforesaid analysis, we conclude
    and hold that Riyaz, the child of four, was not liable for
    contributory negligence.”

    13. In the case at hand, the factum of liability is not in dispute.

    The respondent Nigam has already got conducted an independent inquiry,

    through its Chief Electricity Inspector, with regard to the cause of the

    accident and responsibility, and has arrived at the conclusion that the

    respondent Nigam is also responsible. Thereafter, accepting the said

    finding of fact, the Nigam of its own volition has paid some compensation

    to the petitioner as per the liberalized compensation policy reflected in the

    instructions dated 15.07.2019. The respondent Nigam has not denied the

    corresponding pleadings in the writ petition or raised any challenge to the

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    findings recorded in the inquiry report or the subsequent action taken by

    placing reliance upon the said conclusions.

    14. In the light of the above, and having given our thoughtful

    consideration to the admitted factual aspects of the case and the

    provisions of the instructions dated 15.07.2019, we are of the considered

    opinion that the action of the petitioner in availing her remedy to claim

    damages from the tortfeasor, would not be barred on account of having

    been awarded compensation under the instructions ibid, vide order dated

    13.02.2023 (Annexure P-10).

    15. Thus, the next aspect that would arise for consideration is

    with regard to quantification of the compensation that the petitioner is

    entitled to, in the conceded facts and circumstances of the case, whereby

    the petitioner has suffered 92% permanent disability, as per disability

    certificate (Annexure P-4).

    16. It is settled principle of law that a person injured by the

    negligent act of others is entitled to general damages for non-pecuniary

    loss such as pain, suffering and loss of amenities, in addition to those for

    pecuniary loss, both past and future. The Hon’ble Supreme Court in the

    decision in Civil Appeal No. 1799-1800 of 1989 decided on 06.01.1995,

    titled as R.D. Hattangadi vs. Pest Control (India) Pvt. Ltd. and others,

    reported in (1995) 1 SCC 551, has laid down the following principles to

    determine compensation for disability:

    “9. Broadly speaking while fixing an amount of
    compensation payable to a victim of an accident, the
    damages have to be assessed separately as pecuniary
    damages and special damages. Pecuniary damages are
    those which the victim has actually incurred and which

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    are capable of being calculated in terms of money;
    whereas non-pecuniary damages are those which are
    incapable of being assessed by arithmetical calculations.
    In order to appreciate two concepts pecuniary damages
    may include expenses incurred by the claimant: (i)
    medical attendance; (ii) loss of earning of profit up to the
    date of trial; (iii) other material loss. So far non-pecuniary
    damages are concerned, they may include (i) damages for
    mental and physical shock, pain and suffering, already
    suffered or likely to be suffered in future; (ii) damages to
    compensate for the loss of amenities of life which may
    include a variety of matters i.e. on account of injury the
    claimant may not be able to walk, run or sit; (iii) damages
    for the loss of expectation of life, i.e., on account of injury
    the normal longevity of the person concerned is
    shortened; (iv) inconvenience, hardship, discomfort,
    disappointment, frustration and mental stress in life.”

    17. Their Lordships of the Hon’ble Supreme Court in Rekha

    Jain vs. National Insurance Company Ltd. and others, reported in

    (2013) 8 SCC 389, have reiterated the following principles for granting

    compensation for personal injury:

    “40. It is well-settled principle that in granting
    compensation for personal injury, the injured has to be
    compensated (1) for pain and suffering; (2) for loss of
    amenities; (3) shortened expectation of life, if any; (4)
    loss of earnings or loss of earning capacity or in some
    cases for both; and (5) medical treatment and other
    special damages. In personal injury cases the two main
    elements are the personal loss and pecuniary loss.
    Cockburn, C.J. in Fair case [Fair v. London and North
    Western Railway Co., (1869) 21 LT (NS) 326 (QB)] ,
    distinguished the above two aspects thus:

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    “In assessing the compensation the jury
    should take into account two things, first, the
    pecuniary loss the plaintiff sustains by the
    accident; secondly, the injury he sustains in his
    person, or his physical capacity of enjoying life.
    When they come to the consideration of the
    pecuniary loss they have to take into account not
    only his present loss, but his incapacity to earn a
    future improved income.”

    41. McGregor on Damages (14th Edn.) at Para 1157,
    referring to the heads of damages in personal injury
    actions, states as under:

    “The person physically injured may
    recover both for his pecuniary losses and his non-
    pecuniary losses. Of these the pecuniary losses
    themselves comprise two separate items viz. the
    loss of earnings and other gains which the
    plaintiff would have made had he not been injured
    and the medical and other expenses to which he is
    put as a result of the injury, and the courts have
    subdivided the non-pecuniary losses into three
    categories viz. pain and suffering, loss of
    amenities of life and loss of expectation of life.

    Besides, the Court is well advised to
    remember that the measures of damages in all
    these cases ‘should be such as to enable even a
    tortfeasor to say that he had amply atoned for his
    misadventure.’ The observation of Lord Devlin
    that the proper approach to the problem or to
    adopt a test as to what contemporary society
    would deem to be a fair sum, such as would allow
    the wrongdoer to ‘hold up his head among his
    neighbours and say with their approval that he
    has done the fair thing’, is quite apposite to be
    kept in mind by the Court in assessing
    compensation in personal injury cases.”

    (emphasis supplied)

    42. In R. Venkatesh v. P. Saravanan [(2001) 1 Kant
    LJ 411] the High Court of Karnataka while dealing with a
    personal injury case wherein the claimant sustained
    certain crushing injuries due to which his left lower limb
    was amputated, held that in terms of functional disability,
    the disability sustained by the claimant is total and 100%
    though only the claimant’s left lower limb was amputated.
    In para 9 of the judgment, the Court held as under: (Kant
    LJ p. 415)

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    “9. As a result of the amputation, the
    claimant had been rendered a cripple. He requires
    the help of crutches even for walking. He has
    become unfit for any kind of manual work. As he
    was earlier a loader doing manual work, the
    amputation of his left leg below the knee, has
    rendered him unfit for any kind of manual work.
    He has no education. In such cases, it is well
    settled that the economic and functional disability
    will have to be treated as total, even though the
    physical disability is not 100%.”

    3. Lord Reid in Baker v. Willoughby [Baker v.
    Willoughby, 1970 AC 467: (1970) 2 WLR 50 :

    (1969) 3 All ER 1528 (HL)] has said: (AC
    p.492A)

    “… A man is not compensated for the
    physical injury: he is compensated for the loss
    which he suffers as a result of that injury. His loss
    is not in having a stiff leg: it is in his inability to
    lead a full life, his inability to enjoy those
    amenities which depend on freedom of movement
    and his inability to earn as much as he used to
    earn or could have earned….”

    44. The aforesaid principles laid down by this Court,
    appeal cases, House of Lords and leading authors and
    experts referred to supra, whose opinions have been
    extracted above, on all fours, are applicable to the fact
    situation for awarding just and reasonable compensation
    in favour of the appellant as she had sustained grievous
    injuries on her face and other parts of the body which is
    assessed at 30% permanent disablement by competent
    doctors.”

    18. In the present case, the petitioner has been crippled for her

    entire life. Her right arm has been amputated from the shoulder besides

    having suffered damage to the fingers of her left hand. For the injuries

    suffered by her, she would not be able to lead and enjoy those comforts

    and amenities of life, which depend on freedom of movement.

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    19. This Court has recently considered computation of

    compensation for non-pecuniary loss in LPA No.2351 of 2017 decided on

    13.02.2026 titled as Sandeep Kaur vs. State of Punjab and others,

    reported in Law Finder Doc Id #2853602. In the said case, compensation

    was awarded for 100% functional/permanent disability caused due to

    negligence in maintaining a university building, which had collapsed onto

    the victim, an undergraduate student of that university. In the said case,

    following the dicta of the Hon’ble Supreme Court of India in Civil

    Appeal No.8131-32 of 2014 decided on 25.09.2014 titled as Ashvinbhai

    Jayantilal Modi vs. Ramkaran Ramchandra Sharma and another, as

    well as in Civil Appeal No.3125 of 2023 decided on 24.04.2023, titled as

    Kandasami and others vs. Lindabriyal and another, reported in 2023

    ACJ 1653, and also in Civil Appeal No.9897-98 of 2025 decided on

    29.07.2025 titled as S. Mohammed Hakkim vs. National Insurance

    Company Ltd. and others, reported in (2025) 10 SCC 263, the notional

    monthly income of the claimant was held to be Rs.22,500/- with addition

    of 40% towards future prospects. No deduction towards personal expenses

    was made from the amount of compensation, in view of the law laid down

    in Rahul Ganpatrao Sable vs. Laxman Maruti Jadhav (dead) through

    legal representatives and others, reported in (2023) 13 SCC 334, as it

    was a petition by a survivor in the accident with injuries resulting in

    permanent disability and not a case of death, wherein the claim is made by

    the dependents. Thus, keeping in view the ratio in Sandeep Kaur‘s case

    (supra) and that in the said case, the claimant was 23 years of age and in

    the present case, the petitioner was six years of age at the time of the

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    accident, the notional income of the petitioner can safely be taken to be

    Rs.20,000/- per month. The relevant portion of the judgment in Sandeep

    Kaur (supra), reads thus:

    “24. In the light of the aforesaid settled principles of
    law, for determining notional income of a student who has
    suffered 100% functional disability, we are of the
    considered view that the income of the appellant is
    required to be reckoned as Rs.22,500/- per month.
    Besides the above, future prospects @ 40% are to be
    awarded keeping in view the dicta in Sidram vs.
    Divisional Manager, United India Insurance Company
    Ltd. and another
    , reported in (2023) 3 SCC 439 and
    National Insurance Company Ltd. vs. Pranay Sethi
    ,
    reported in (2017) 16 SCC 680.

    24.1 The general principles relating to compensation in
    injury cases and assessment of future loss of earnings due
    to permanent disability, expounded by the Hon’ble
    Supreme Court in Raj Kumar vs. Ajay Kumar and
    another
    , reported in (2011) 1 SCC 343, was applied and
    followed in Sidram‘s case (supra). It was further held that
    it is not necessary to adduce any documentary evidence to
    prove notional income of victim and Court can award
    same even in absence of any documentary evidence. The
    principle of awarding notional income was approved,
    where the same is just in facts and circumstances of the
    case.
    The relevant portion of the judgment in Sidram
    (supra) reads thus:

    “59. Thus, we are of the view,
    more particularly keeping in mind the dictum
    of this Court in Kirti [Kirti v. Oriental
    Insurance Co. Ltd.
    , (2021) 2 SCC 166] that it
    is not necessary to adduce any documentary
    evidence to prove the notional income of the
    victim and the Court can award the same even
    in the absence of any documentary evidence.

    In Kirti [Kirti v. Oriental Insurance Co. Ltd.,
    (2021) 2 SCC 166] it was stated that the Court
    should ensure while choosing the method and
    fixing the notional income that the same is just

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    in the facts and circumstances of the particular
    case, neither assessing the compensation too
    conservatively, nor too liberally.”

    25. Concededly, the date of birth of the appellant is
    10.01.1990 and as such, she was about 23 years of age as
    on 11.10.2013, i.e. when the unfortunate incident
    occurred. In view of the ratio in Sarla Verma vs. Delhi
    Transport Corporation Ltd.
    , reported in (2009) 6 SCC
    121, multiplier of 18 is to be applied.
    The principles for
    determination of just compensation contemplated under
    the Motor Vehicles Act, 1988 were reiterated in Civil
    Appeal No.735 of 2020 decided on 05.02.2020 titled as
    Kajal vs. Jagdish Chand and others¸ reported in (2020) 4
    SCC 413. In the said case, it was further held that the
    multiplier system is to be followed not only for
    determining the compensation on account of loss of
    income but also for determining the attendant charges,
    etc. The relevant portion of the said decision reads thus:

    “5. The principles with regard to
    determination of just compensation
    contemplated under the Act are well settled.
    The injuries cause deprivation to the body
    which entitles the claimant to claim damages.
    The damages may vary according to the
    gravity of the injuries sustained by the
    claimant in an accident. On account of the
    injuries, the claimant may suffer consequential
    losses such as:

                           (i)    loss of earning;
                           (ii)   expenses      on    treatment       which     may
    

    include medical expenses, transportation,
    special diet, attendant charges, etc.,

    (iii) loss or diminution to the pleasures of life
    by loss of a particular part of the body,
    and

    (iv) loss of future earning capacity.

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    Damages can be pecuniary as well as non-

    pecuniary, but all have to be assessed in rupees
    and paise.

    6. It is impossible to equate human
    suffering and personal deprivation with money.
    However, this is what the Act enjoins upon the
    courts to do. The court has to make a judicious
    attempt to award damages, so as to compensate
    the claimant for the loss suffered by the victim.
    On the one hand, the compensation should not
    be assessed very conservatively, but on the
    other hand, the compensation should also not
    be assessed in so liberal a fashion so as to
    make it a bounty to the claimant. The court
    while assessing the compensation should have
    regard to the degree of deprivation and the loss
    caused by such deprivation. Such
    compensation is what is termed as just
    compensation. The compensation or damages
    assessed for personal injuries should be
    substantial to compensate the injured for the
    deprivation suffered by the injured throughout
    his/her life. They should not be just token
    damages.

    … …

    Attendant charges

    22. The attendant charges have been
    awarded by the High Court @ Rs 2500 per
    month for 44 years, which works out to Rs
    13,20,000. Unfortunately, this system is not a
    proper system. Multiplier system is used to
    balance out various factors. When
    compensation is awarded in lump sum, various
    factors are taken into consideration. When
    compensation is paid in lump sum, this Court
    has always followed the multiplier system. The

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    multiplier system should be followed not only
    for determining the compensation on account
    of loss of income but also for determining the
    attendant charges, etc. This system was
    recognised by this Court in Gobald Motor
    Service Ltd. v. R.M.K. Veluswami
    [AIR 1962
    SC 1]. The multiplier system factors in the
    inflation rate, the rate of interest payable on the
    lump sum award, the longevity of the claimant,
    and also other issues such as the uncertainties
    of life. Out of all the various alternative
    methods, the multiplier method has been
    recognised as the most realistic and reasonable
    method. It ensures better justice between the
    parties and thus results in award of “just
    compensation” within the meaning of the Act.”

    26. In State of Himachal Pradesh and others vs.
    Naval Kumar
    alias Rohit Kumar, Civil Appeal No.1339
    of 2017 decided on 02.02.2017, reported in (2017) 3 SCC
    115, the Apex Court was considering just and reasonable
    compensation to the victim, a boy of 08 years who came
    in contact with high tension live wire and suffered
    injuries. Both arms of the said victim had to be amputated
    making him 100% disabled permanently. In the said case,
    compensation was determined at Rs. 90 Lakh along with
    6% interest to take care of the victim’s upbringing and
    other needs for the rest of his life.

    27. The decision in Civil Appeal No.14290 of 2024
    decided on 11.12.2024, titled as Baby Sakshi Greola vs.
    Manjoor Ahmad Simon and another
    , reported in 2024(3)
    PLR 707, followed the ratio in Kajal‘s case (supra). It
    was further held therein that the claimant who was aged
    about 07 years when she suffered grievous injuries on
    account of the road accident, suffered disability to the
    extent of 75%, however, on a complete overview of the

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    situation, like in the present case, for all practical
    purposes, the disability was treated to be 100%. The
    compensation of Rs.1 lakh awarded under the head of
    ‘pain and suffering’ was enhanced to Rs.15 lakh taking
    into consideration that the claimant will remain dependent
    on another person for the rest of her life and will also miss
    out on taking part in activities which she would have
    normally done, if she had not met with this unfortunate
    accident.

    28. Keeping in view the principle of law laid down in
    Kajal‘s case and Baby Sakshi Greola‘s case (supra), it
    would be just and fair to award attendant charges, for two
    attendants and apply the multiplier system thereto, as
    well. The appellant would also be entitled for future
    medical expenses of Rs.5 lakh, being taken on the
    conservative side, keeping in view the nature of injuries
    and the permanent disability suffered. It is also to be
    borne in mind that with advancement in medical science,
    newer treatments and therapies shall become available in
    future, which of course would come at a premium and any
    patient suffering, like the appellant, would aspire to take
    the same. At least, the financial security to be able to
    afford such treatment in future, is likely to serve as some
    solace to the appellant.

    29. Considering the amount ought to be awarded
    under the head ‘pain and suffering’, it would be gainful to
    refer to the law laid down in Civil Appeal No.12993 of
    2024 decided on 22.11.2024, titled as K.S. Muralidhar vs.
    R. Subbulakshmi and another
    , reported in 2024 SCC
    Online SC 3385. Their Lordships of the Apex Court on
    acknowledging that ‘pain and suffering’ as a concept
    escapes definition, referred to certain authorities,
    scholarly as also judicial, wherein attempts have been
    made to set down the contours thereof. Some decisions in
    respect of pain and suffering in cases where disability
    suffered is at 100% were also noticed. After profound

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    deliberation, an amount of Rs.15 lakh was awarded under
    the head ‘pain and suffering’, with the following
    observation:

    “15. Keeping in view the above-referred
    judgments, the injuries suffered, the ‘pain and
    suffering’ caused, and the life-long nature of
    the disability afflicted upon the claimant-
    appellant, and the statement of the Doctor as
    reproduced above, we find the request of the
    claimant-appellant to be justified and as such,
    award Rs. 15,00,000/- under the head ‘pain
    and suffering’, fully conscious of the fact that
    the prayer of the claimant-appellant for
    enhancement of compensation was by a sum of
    Rs. 10,00,000/-, we find the compensation to
    be just, fair and reasonable at the amount so
    awarded.”

    30. We cannot lose sight of the fact that the appellant
    is a young woman who would naturally have dreams of
    settling in matrimony and having children of her own,
    which dreams stand adversely impacted by the
    unfortunate incident. It is well recognized that marriage/
    companionship is an integral part of the natural life of a
    human being. Keeping in view the nature of the injuries
    suffered by the appellant and her 100% functional
    disability, it is near impossible for her to rear children and
    enjoy the simple pleasures of marital life. Keeping in
    view the impact of the non-pecuniary loss suffered by the
    appellant, we are of the considered view that the appellant
    is to be also granted compensation of Rs.5 lakh under the
    head of ‘loss of marriage prospects’, following the ratio in
    Baby Sakshi Greola‘s case (supra).

    31. The appellant, having been confined and restricted
    in her movement on account of the permanent disability
    suffered by her, would be required to spend extra money

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    for transportation. Not only that, the appellant would also
    require special diet, keeping in view the nature of her
    injuries, which has limited her movement to negligible.
    Accordingly, an amount of Rs.1 lakh deserves to be
    awarded under the said head as well.”

    20. In the present case, the disability certificate (Annexure P-4)

    of the petitioner categorically records the disability as under:

                       "A.      She is a case of Locomotor Disabilty
                       B.       The diagnosis in her case is on account of right
    

    shoulder disarticulation with contracture of left ring and
    littler finger.

    C. She has 92% (in figure) Ninety Two percent (in
    words) Permanent Disability in relation to her right hand
    as per the guidelines (Guidelines for the purpose of
    assessing the extent of specified disability in a person
    included under RPwD Act, 2016 notified by Government
    of India vide S.O. 76(E) dated 04.01.2018).”

    21. A perusal of the aforesaid disability recorded in the

    certificate (Annexure P-4) shows that the same has been assessed as 92%

    in relation to the right arm. The petitioner is a girl child of tender age,

    who has a whole life ahead of her and would have to learn to adjust to and

    overcome her disability. The photographs of the petitioner depicting the

    injuries suffered by her have been placed on record as Annexure P-3. A

    glance at the said photographs would show that apart from the damage to

    the two fingers of the left hand, recorded in the disability certificate, there

    is contracture of the index finger as well. No percentage of disability has

    been specified on account of the aforesaid permanent disability of the left

    hand. However, keeping in view that the disability certificate dated

    20.08.2022 (Annexure P-4) is an undisputed document, which has not

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    been assailed by either side, it can safely be assessed that the petitioner

    suffers 70% functional disability with regard to the whole body.

    22. It is also to be noticed that the principle for computing

    damages/compensation draws strength from the principle of restitutio in

    integrum. As a remedial measure, the petitioner is entitled to be put in the

    same position in which she would have been if she had not suffered the

    wrong. In the present case, the petitioner, a girl child now aged about ten

    years, has a right to lead a healthy, happy and dignified life under

    Article 21 of the Constitution of India. 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 the life. The petitioner had just started

    her life and was at the threshold of being introduced into the formal

    education system. During her growing-up years, she would eventually

    compare herself with other children of her age and not being physically in

    a position to carry on with all the activities that an able-bodied child does,

    she has to go through inconvenience, discomfort, frustration and mental

    stress for the rest of her life. She would require a full-time attendant to

    guide and help her through with the simple tasks, which require two

    arms/hands to complete. For the said reason, the petitioner is also entitled

    to employ an attendant to assist her to execute those simple tasks and

    empower her to overcome her physical incapacity and learn to be self-

    sufficient and self-reliant. Even if the family members are providing for

    the said tasks, the petitioner is entitled to award of damages for a whole-

    time attendant, for every day. Keeping in view the principle laid down in

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    Kajal vs. Jagdish Chand and others¸ reported in (2020) 4 SCC 413 and

    Baby Sakshi Greola vs. Manjoor Ahmad Simon and another, reported in

    2024(3) PLR 707, it would be just and fair to award attendant charges and

    apply the multiplier system thereto, as well.

    23. The Hon’ble Supreme Court of India in Civil Appeal

    No.11466 of 2014 decided on 17.12.2014 titled as Raman vs. Uttar

    Haryana Bijli Vitran Nigam Ltd. and others, reported in (2014) 15 SCC

    1, had approved a deviation from following the multiplier method in order

    to award higher compensation, being just and reasonable in the said case,

    having regard to the statutory negligence on the part of the respondents in

    not providing the safety measures regarding live electricity wires.

    24. Insofar as the disability in the present case is concerned, the

    petitioner’s right arm having been amputated from the shoulder, she

    would require an advance prosthetic arm, which would enable her to

    attend to her daily activity and carry on with life. It is also to be taken

    note that the petitioner would require servicing and replacement of the

    accessories of the prosthetic limb periodically. In the absence of evidence

    regarding the quantum of expenditure in that regard, this Court is inclined

    to conservatively accept the amount awarded by the Hon’ble Supreme

    Court of India in Civil Appeal No.12098-12099 of 2024 decided on

    04.09.2025 titled as Anoop Maheshwari vs. Oriental Insurance

    Company Ltd. and others, reported in AIR 2025 SC 4099. In the said

    case, in the absence of any evidence regarding the frequency of change or

    the servicing of the prosthetic limb or the quantum of expenditure, their

    Lordships of the Apex Court were of the opinion that an amount of Rs.10

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    lakh would suffice to account for the future expenses of continued use of

    the prosthetic limb and medical expenses arising in that regard. The said

    amount is also required to be awarded to the petitioner in the present case.

    25. On a conspectus of the aforesaid discussion, in our

    considered opinion, the fair, just and proper compensation to be awarded

    to the petitioner is tabulated hereunder:

    Sr. Heads Compensation Judgments relied upon
    No.

    1. Notional Income Monthly-Rs.20,000/- S. Mohammed Hakkim vs.
    National Insurance
    Annually- Company Ltd. and others
    Rs.20,000 x 12 = (2025) 10 SCC 263
    Rs.2,40,000/-

    Kandasami and others vs.
    Lindabriyal and another

    2023 ACJ 1653

    Rahul Ganpatrao Sable vs.
    Laxman Maruti Jadhav

    (2023) 13 SCC 334

    2. Future Prospects Rs.2,40,000 + 96,000 Sidram vs. United India
    @ 40% = Rs.3,36,000/- Insurance Company Ltd.

    (2023) 3 SCC 439

    3. Income after Rs.3,36,000 x 18 = Sarla Verma vs. DTC
    applying multiplier Rs.60,48,000/- (2009) 6 SCC 121
    of 18 (age 6 years)

    4. Functional loss with Rs.60,48,000/- x 70%
    regard to whole = Rs. 42,33,600/-

    body (70%)

    5. Attendant charges Rs.10,000 x 12 x 18 Kajal vs. Jagdish Chand
    for 01 whole time = Rs.21,60,000/- (2020) 4 SCC 413
    attendant
    Baby Sakshi Greola vs.
    Manjoor Ahmad Simon and
    another

    2024 3 PLR 707

    6. Future medical Rs.5,00,000/- Kajal vs. Jagdish Chand
    expenses (supra)

    Baby Sakshi Greola vs.
    Manjoor Ahmad Simon and
    another
    (supra)

    7. Pain and suffering Rs.15,00,000/- K.S. Muralidhar vs. R.
    Subbulakshmi and another

    2024 SCC Online SC

    3385

    8. Loss of amenities of Rs.5,00,000/- Baby Sakshi Greola vs.

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    Sr. Heads Compensation Judgments relied upon
    No.
    life and marriage Manjoor Ahmad Simon and
    another
    (supra)

    9. Transportation and Rs.1,00,000/-

    special diet

    10. Advance prosthetic Rs.10,00,000/- Anoop Maheshwari vs.
    limb, servicing & Oriental Insurance
    replacement of its Company Ltd. and others
    parts AIR 2025 SC 4099

    11. Total Compensation Rs.99,93,600/-

    26. With regard to the challenge raised to the instructions dated

    15.07.2019, it would suffice to note that compensation granted under the

    instructions ibid, is in the nature of a concession purely on humanitarian

    ground, based on the principle of no-fault liability, which has been

    categorically specified to be over and above the benefits otherwise

    admissible to the petitioner. To our mind, prima facie, a concession

    cannot be challenged on the ground of inadequacy and the quantum of

    grant of such concession or the nature or manner in which the same is to

    be applied, would remain in the domain of the authority granting such

    concession, moreso when the said concession is not shown to have

    infringed or violated any vested right of the petitioner. A perusal of the

    instructions ibid would show that they do not curtail any right of the

    petitioner either under common law or public law or private law. On the

    contrary, clause 4 of the instructions specifically provides that the

    compensation allowed under the said instructions is over and above the

    benefits otherwise admissible to the concerned categories, as per

    applicable law. This would include the settled principles of law laid down

    in such kind of cases. The judgments have already been referred

    hereinbefore, which entitle the petitioner to adequate compensation based

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    upon the percentage of injury suffered and entitlement to award of

    compensation under various heads as detailed in para 25 hereinbefore,

    which will be over and above the compensation awarded under the

    instructions dated 15.07.2019, on humanitarian ground. In the light of the

    aforesaid, issues (ii) and (iii) are answered accordingly.

    27. With regard to the challenge to the order dated 13.02.2023

    (Annexure P-10), the petitioner has failed to demonstrate from the record

    or bring any provision to our notice, to succeed in the said challenge.

    Concededly, the compensation awarded under the Compensation Policy is

    strictly in accordance with the provisions contained in the instructions

    dated 15.07.2019, which have already been held to be in the nature of a

    concession. Keeping in view that the petitioner has already been held

    entitled to compensation over and above than what has already been

    awarded under the instructions dated 15.07.2019, testing the order dated

    13.02.2023 (Annexure P-10) on the anvil, would in the present

    circumstances be an academic exercise and this Court is not inclined to

    devote any further consideration to the said proposition.

    28. Resultantly, the present writ petition is partly allowed. The

    amount of compensation awarded hereinbefore shall attract interest @

    7.5% per annum, from the date of institution of the writ petition till

    realization of the entire amount. As a matter of abundant caution, it is

    made clear that no deduction is to be made from the total compensation

    awarded, for any amounts paid till date, particularly with reference to the

    compensation already granted under the instructions dated 15.07.2019.

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    29. The total compensation awarded shall be paid to the writ

    petitioner within a period of three months from today. Ninety percent of

    the said amount will be deposited in a Fixed Deposit, earning highest rate

    of interest, in the name of the petitioner, under joint guardianship of her

    parents, in any Nationalized Bank at Ateli Mandi, District Mahendragarh

    (Haryana). The said Fixed Deposit will be periodically renewed, till

    petitioner attains the age of majority. The interest so accrued will be

    transferred in a separate Savings Account, to be opened in the same

    Branch in the name of the petitioner, to be operated jointly by her parents.

    The Manager of the Nationalized Bank, where the compensation amount

    shall be deposited, would release a sum of Rs. 30,000/- per month out of

    the said interest deposited in the saving account to the petitioner, through

    her guardian, to meet her daily expenses and the balance amount at the

    end of each quarter be again kept in a separate Fixed Deposit, for being

    utilized as and when required. The monthly amount given to the petitioner

    would take care of her special needs, like nutritious food, cost of

    attendant, educational expenses, etc.

    29.1 The petitioner would be at liberty to apply to the Court for

    release of further sums, as and when they are necessitated for future

    medical treatment or advance prosthetic arm or any unforeseen

    contingency.

    30. In view of the decision of the Hon’ble Supreme Court in

    Parminder Singh vs. Honey Goyal and others, reported in AIR 2025 SC

    1713, the entire amount including interest awarded hereinabove will be

    transferred by respondent No.3- Dakshin Haryana Bijli Vitran Nigam Ltd.

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    in the bank account(s) of the petitioner within the stipulated time. The

    particulars of the bank account(s) along with the requisite document(s) in

    support thereof shall be furnished by the petitioner to the respondent

    Nigam within a period of four weeks from the date of this order and

    needful shall be done by the Nigam.

    31. Writ petition stands disposed of in the aforesaid terms.

    32. Pending application(s), if any, also stand closed.

               (HARSIMRAN SINGH SETHI)                          (VIKAS SURI)
                      JUDGE                                        JUDGE
    
     16.03.2026
     sumit.k
    
    
    
                  Whether speaking/reasoned :             Yes     No
                  Whether Reportable :                    Yes     No
    
    
    
    
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