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Chandigarh: More than four years after a six-year-old girl suffered 92 per cent permanent disability after coming into contact with a high-tension electricity wire passing dangerously close to her home, the Punjab and Haryana High Court has directed Dakshin Haryana Bijli Vitran Nigam Ltd (DHBVN) to pay ₹99,93,600 as compensation, calling it “fair, just and proper”.

The compensation amount is significantly higher than the ₹18 lakh earlier sanctioned in the case. A Bench of Justice Harsimran Singh Sethi and Justice Vikas Suri held the power distribution company responsible for failing to ensure safety around high-voltage transmission lines, observing that human life and well-being cannot be measured in monetary terms and compensation must follow where injury or death occurs due to negligence in maintaining electricity infrastructure.

Court Cites Negligence by Power Utility

The court noted that the high-tension line was passing almost directly over the balcony grill of the house, and that repeated requests by the child’s father to either shift the line or install safety measures had allegedly been ignored. “Had the Nigam taken precautions and installed the necessary safety devices, the accident could have been avoided,” the Bench observed.

The court held that statutory duties under electricity laws require distribution licensees to ensure that people living near power lines are protected from the dangers posed by high-voltage electricity.

Principle of Strict Liability Applied

The Bench ruled that the case clearly attracted the principle of strict liability, noting that the power utility was the sole distribution licensee responsible for operating and maintaining the electricity line in the area.

“The accident occurred on account of the line… In view of the same, it is a fit case where the principle of res ipsa loquitur (the thing speaks for itself) would apply with full strength,” the court said.

Rejecting any claim of contributory negligence, the court emphasised that the victim was only six years old at the time of the accident. “Since the 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 six years,” the Bench held.

Court Highlights Impact on Child’s Life

The court observed that the girl, now about 10 years old, would have to live with physical disability and trauma for the rest of her life. Referring to the constitutional right to live with dignity under Article 21, the Bench noted that the child would face physical limitations, emotional distress and the need for constant assistance.

The court also invoked the doctrine of restitutio in integrum—restoring the victim as far as possible to the position she would have been in had the injury not occurred.

Compensation to Be Managed Through Fixed Deposit

The High Court directed DHBVN to pay the compensation within three months. Of the total amount, 90 per cent will be placed in a fixed deposit in the child’s name under parental guardianship, while the interest will be transferred to a savings account.

The court ordered that ₹30,000 per month be released from the funds for the child’s needs, including nutrition, medical care, education and the services of an attendant. The Bench also allowed the family to approach the court for additional withdrawals in the future for advanced prosthetics, medical treatment or other urgent needs.