SC directs HP govt to pay over Rs 1 cr to boy

A 12-year-old boy, whose both arms had to be amputated after he came in contact with a high tension wire in an agricultural field, has been awarded a compensation of over Rs one crore by the Supreme Court which held the Himachal Pradesh government vicariously liable for negligence.
While granting compensation, the apex court considered the boy's family background with limited means and his "excellent performance as a brilliant student in studies" saying he would have had a decent earning in his life.
"The High Court (of Himachal Pradesh at Shimla) held and, in our view, rightly that the incident in question occurred due to negligence of the State and its authorities and hence the State was vicariously liable to compensate the respondent (boy) for the losses sustained by the respondent.

"The High Court further held and, in our view, rightly that having regard to the family background of the respondent and further respondent's excellent performance as a brilliant student in studies, he would have easily earned Rs 30,000 per month in his life. We find no good ground to interfere in this finding of fact, which, in our opinion, is based on proper material on record," a bench of justices J Chelameswar and A M Sapre said, asking the State to deposit the amount within three months.
The incident took occurred on March 18, 2012, when the boy, aged eight years then, had accompanied his mother to collect 'saag' (spinach) from the field.

He came in contact with a high-tension live wire and fell unconscious and had severe burn injuries. A week later, doctors at Rajendra Prasad Medical Hospital at Tanda in Kangra district amputated both his arms. The boy suffered 100 per cent disability and his poor parents incurred an expense of Rs two lakh.

The boy, through his mother, approached the Himachal Pradesh High Court seeking a compensation of Rs 50 lakh saying he has become totally dependent on family members for his day-to-day activities for his entire life. The boy had to discontinue schooling after the unfortunate incident.
The high court had awarded a compensation of Rs 1.25 crore to the boy which was challenged by the State before the apex court saying that the amount was on a much higher side.

The apex court allowed the State's appeal and modified the high court order by reducing the compensation amount.
The apex court awarded Rs 90 lakh with a simple interest of 6 per cent on it from 2013, the year when the boy had filed the petition in the high court. Thus, the total compensation to be paid by the state government would be Rs 1.16 crore.