Justice Anup Jairam Bhambhani of the Delhi High Court awarded ₹20 lakh compensation to a 28-year-old disabled man after he suffered permanent disability in his lower limbs while performing his job as an electrician in 2014. The court held a construction company and BSES Rajdhani Power Limited (BRPL) (power distribution company) jointly and severally liable for his injuries.

"Though Bharat is living, he is barely alive."

BACKGROUND

Bharat was 21 when he climbed an electricity pole to fix the power fluctuation at a farmhouse in New Delhi; the pole snapped and fell, bringing him down. He had become a “psychological wreck” and suffered 100% permanent disability in his lower limbs.

HELD

The Court held that the principle of res ipsa loquitur covers the case; the trial alone is enough to establish ex-facie negligence on the part of BRPL and Bryn (carries out repair and maintenance works for BRPL). The Court further referred to “strict liability” to hold both Bryn and BRPL jointly and severally liable. 

The Court directed to open a shop in Uttar Pradesh out of the ₹20 lakh compensation. Justice Anup also ordered non-monetary relief such as disability pension, Free physiotherapy and occupational therapy, free bus and railway passes, and other forms of assistance or help.

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Author: Papiha Ghoshal