The Delhi High Court on Wednesday directed authorities concerned to award Rs 20 lakh compensation to an electrician, who suffered a fall while on duty after the electricity pole that he had climbed, snapped and fell. The court observed that the man is living but is barely alive as he is bed-ridden.
Justice Anup Jairam Bhambhani order came while hearing a plea filed by Kehar Singh, father of victim Bharat, an electrician who is now 100 per cent permanently disabled after the fall while he was on duty.
On April 2014, Bharat, who was then about 21 years of age and working as an electrician with Bryn Construction Company (Bryn), was tasked with rectifying a fault in an electricity pole that was causing fluctuation in the power supply at a farmhouse in Bijwasan, New Delhi and suffered a fall while performing the task since the electricity pole that he had climbed on, snapped and fell.
Bharat's father in his petition has sought financial assistance and adequate funds to meet the emergency requirement for his son.
"Bharat suffered a fall in the course of performing the task assigned to him by Bryn, 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 court said.
"Again, without delving into the niceties of whether the fault for putting Bharat in this state lies with Bryn and/or BRPL, suffice it to say that on the principle of 'strict liability', both Bryn and BRPL are, jointly and severally, liable to compensate Bharat for putting him in his current state," the Court added.
The court has directed Bryn and BRPL to pay amount to Bharat in two equal parts, within four weeks from the date of this judgment, by depositing the sameinto a new account in the name of "Bharat Singh".
The court also directed that out of the total sum of Rs 20,00,000 awarded as monetary compensation, the petitioner shall open for the benefit and welfare and in the name of Bharat Singh, a general or provisions store from a portion of his house in village in district Bulandshehar, Uttar Pradesh.
The court clarified that the store would be run by the petitioner or by any other responsible member of Bharat's immediate family, for and in Bharat's name, with the stipulation that Bharat will also be engaged in running the store to the extent his health and physical state permits. It is made clear that all earnings from the store will be used and applied for Bharat's medical and living expenses and for his welfare and well-being, the court said.
Furthermore, as non-monetary relief to Bharat, the State of Uttar Pradesh was directed by Delhi High Court to continue to treat Bharat as a person with 100 per cent permanent disability and to continue to provide to him, disability pension; lifelong free bus and railway passes; free physiotherapy and occupational therapy, till as long as it is considered necessary in the professional opinion of the concerned doctors; and all other forms of relief, assistance, help and aid in accordance with his entitlements, under government schemes, rules and notifications, as may be applicable to him from time-to-time.
( With inputs from ANI )
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