Judge directs victim’s father to open general store from the money received through compensation
In a rare show of compassion for a young electrician, who became permanently disabled following an accident at work, the Delhi High Court has not only ordered monetary compensation but also taken the initiative of planning a stable source of income for him.
Justice Anup Jairam Bhambhani ruled that both the contractor and the power distribution company were jointly and severely liable to compensate Bharat Singh for putting him in his current state where he is unable to perform even basic, personal and daily chores himself. He is all but 100% dependent on others.
The judge directed the contractor — Bryn Construction Company — and BSES Rajdhani Power Limited (BRPL) to pay ₹10 lakh each, totalling a sum of ₹20 lakh, to the 28-year-old within four weeks.
Non-monetary relief
Generally, courts restrict their adjudication in similar cases to monetary compensation aspect only. However, Justice Bhambhani went a step further. The judge ordered the father of the victim to open a “general/provisions store” in the name of Bharat from the money received through compensation.
The court instructed that the general/provisions store shall be run from a portion of his house in Daulat Nagar, District Bulandshahr, Uttar Pradesh and all earnings from the store will be used and applied for Mr. Bharat’s medical and living expenses and for his welfare and well-being.
The High Court also directed the Uttar Pradesh government to continue to treat Mr. Bharat as a person with 100% permanent disability and to provide him disability pension, lifelong free bus and railway passes, and free physiotherapy and occupational therapy.
The court further directed the State government to extend all other forms of assistance, help and aid in accordance with Mr. Bharat’s entitlements, under government schemes, rules and notifications, as may be applicable to him from time-to-time.
2014 incident
On April 25, 2014, Mr. Bharat, who was then about 21 years of age, while working as an electrician with Bryn Construction Company, was tasked with rectifying a fault in an electricity pole that was causing fluctuation in the electricity supply at a farmhouse in Bijwasan, New Delhi.
As Mr. Bharat climbed the electricity pole and started repairing the fault, it fell along with the live electricity cable and he suffered severe trauma on his backbone.
The High Court was informed that Mr. Bharat is unable to perform any of his daily chores on his own and requires to be physically supported for all daily routines, from the time he wakes up till the time he sleeps, since he cannot stand-up or walk or even sit on a chair without support and assistance.
The court was further informed that Mr. Bharat needs constant supervision even while sitting, since he is not stable and risks falling over.
Ever since the time of the accident, for the last about seven years, Mr. Bharat just lies on a bed for the most part of the day, his father said, adding that his son can sit on a chair, with support and supervision, only for a short duration to have his meals.
He has to be helped throughout, even in performing ablutions, and it is only occasionally that he is strolled-out on his wheelchair for some fresh air, his father said.
The court was informed that Mr. Bharat does not engage in any activity, whether physical or mental and remains almost all the time in a state of depression. As per medical opinion in regard to Mr. Bharat’s psychological state, his level of mental depression and anxiety fall in the “abnormal range”.
“Bharat’s dismal physical state apart, it was also evident to this court that Bharat was a psychological wreck, not least because in the course of interaction with this court, he broke down on several occasions,” Justice Bhambhani noted.
No safety gear
The High Court noted that Mr. Bharat was not provided any safety gear, including rubber gloves, ladders before he was directed to climb the pole to undertake the repair task.
“It is clear that the accident could not have occurred had Bryn and/or BRPL not been negligent in taking reasonable precautions to avoid it; which gives rise to their strict liability for the injuries sustained by Bharat,” the court said.
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