Page No.# 1/5 GAHC010117192021 2025:GAU-AS:12104 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3989/2021 SANTOSH GOYARI S/O LOHIT GOYARI, R/O VILL. NO. 1 KATALIGAON, BRAHMAPUR, P.O. AND P.S. MUSHALPUR 781343, DIST. BAKSHA (BTAD) VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE COMMISSIONER AND SECY., GOVT. OF ASSAM, POWER DEPTT., DISPUR, GUWAHATI 6 2:THE ASSAM POWER DISTRIBUTION CO. LTD. REPRESENTED BY ITS CHAIRMAN BIJULI BHAWAN GUWAHATI 1 ASSAM PIN 781001 3:THE ASSAM POWER DISTRIBUTION CO. LTD. REPRESENTED BY ITS MANAGING DIRECTOR BIJULI BHAWAN GUWAHATI 781001 4:THE S.D.O. (ELECTRICAL) BAKSHA ELECTRICAL SUB DIVISION APDCL MUSHALPUR 781343 (BTAD) 5:DEPUTY COMMISSIONER BAKSHA P.O. MUSHALPUR 781343 DIST. BAKSHA (BTAD) 6:AUTHORITY IN CHARGE OF BATHOUGURI STADIUM MUSHALPUR TAMULPUR ROAD P.O. MUSHALPUR DIST. BAKSHA BTAD 7:THE CHIEF ELECTRICAL INSPECTOR/INSPECTORS ASSAM INSPECTORATE OF ELECTRICITY WEST END BLOCK 1ST FLOOR HOUSEFED COMPLEX DISPUR GUWAHATI 78100 Advocate for the Petitioner : MR. A R AGARWALA, MR A AGARWALA Page No.# 2/5 Advocate for the Respondent : GA, ASSAM, SC, APDCL BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : Date: 26.08.2025 Heard Mr. A. R. Agarwal, learned counsel for the petitioner. Also heard Mr. B. Choudhury, learned Standing Counsel, Assam Power Distribution Company Limited (APDCL), appearing for the respondent nos.2, 3, 4 & 6. 2. As agreed to by the learned counsel for the parties, the present Writ Petition is taken for disposal at the admission stage itself. 3. The petitioner in the present proceedings has prayed for grant of adequate and proper compensation in connection with the accidental electrical injuries suffered by his minor daughter on account of the negligent installation of live electrical wires adjacent to the gallery of Bathouguri Public Stadium, Mushalpur, Baksha, on 27.04.2015. 4. As projected in the writ petition the minor daughter of the petitioner “Karishma Goyari” came in contact with live electrical wires, while she was playing with her friends near Bathouguri Public Stadium, Mushalpur, Baksha. On coming into contact with the live electrical wires and on being electrocuted, she fell on a water tank plate and had lost her senses. The said electrocution has resulted in the daughter of the petitioner suffering severe burn injuries and was admitted to GNRC hospital North Guwahati, in a critical condition. After prolonged treatment the life of the minor daughter of the petitioner could be saved, however, the said burn injuries led to amputation (below elbow of her right hand), in addition to suffering injuries on her left leg. Relating to the said incident an FIR was lodged leading to registration of Mushalpur P.S. Case No.66/2015 under Section 283 of IPC. It is further projected in the writ petition that for the cost of the treatment as provided to the daughter of the petitioner, loans had to be taken, inasmuch as, the APDCL authorities had not extended any help in this Page No.# 3/5 connection. In the above premises, the petitioner prays that compensation to the tune of Rs.20,00,000/-(Rupees Twenty Lakhs), for the injuries sustained by the minor daughter of the petitioner is required to be provided for by the APDCL authorities, including the cost of future treatment and also for attaching an artificial limb. 5. The respondents having not provided any compensation in the matter to the petitioner, the present writ petition came to be instituted. 6. Mr. A. R. Agarwal, learned counsel for the petitioner, by referring to the report of the Electrical Inspector dated 23.11.2021 has submitted that the negligence on the part of the APDCL authorities is writ large in the matter and the said being the reason for the incident of electrocution involving his minor daughter occasioning, the APDCL authorities are required to provide due and adequate compensation for the injuries sustained by his minor daughter. 7. Mr. B. Choudhury, learned Standing Counsel, Assam Power Distribution Company Limited (APDCL), has fairly submitted that the aspect of negligence was the subject matter of investigation made by the Electrical Inspector and in this case, the Dy. Chief Electrical Inspector, vide the aforesaid report dated 23.11.2021, has come to a finding that the accident had occasioned due to negligence of the APDCL. 8. The learned Standing Counsel has also placed on record the Office Memorandum dated 07.11.2019 of the APDCL, by which the quantum has been fixed on different segments as compensation for various segments due to electrocution. He has also placed on record the AERC (Compensation to Victims of Electrical Accidents) Regulations, 2019, which has been formulated in terms of Section 53 of the Electricity Act, 2003. On the aspect of quantum, he has pointed out that Rs.4,00,000/-( Rupees Four Lakhs) is the amount prescribed for permanent total disablement as per the list of injuries which have been mentioned in Schedule-A of the concerned Regulation. 9. Mr. A. R. Agarwal, learned counsel for the petitioner has however submitted that the Hon’ble Supreme Court in the case of State of Himachal Pradesh Vs. Naval Kumar Page No.# 4/5 reported in (2017) 3 SCC 115, had granted compensation of Rs.90,00,000/-(Rupees Ninety Lakhs). He has also placed reliance on a judgment of Zothanpuia (Minor) Vs. The Secretary, Power & Electricity Department, Government of Mizoram reported in 2020 (3) GLT 85 wherein an amount of Rs.25,00,000/- (Rupees Twenty Five Lakhs) has been granted. Reliance has also been placed on the case of Assam Power Distribution Company Ltd. Vs. District legal Services Authorities reported in (2023) 5 GLT 427 wherein a Coordinate Bench of this Court had directed payment of interest on the stipulated time. 10. The aforesaid contentions have been duly considered. In the instant case, however the Office Memorandum dated 07.11.2019 which was existing at the time of institution of the writ petition is not the subject matter of challenge. The Office Memorandum lays down a prescribed amount for a different kind of eventualities and in case of such permanent total disablement, the amount prescribed is Rs.4,00,000/-(Rupees Four Lakhs). 11. The case of the Hon’ble Supreme Court pertains to State of Himachal Pradesh and it is not discernible from the judgment regarding existence of any similar Office Memorandum. Similarly, in the case of Zothanpuia (Minor) (supra) the same pertains to the State of Mizoram where no such Office Memorandum is applicable whereas the instant case is pertaining to the State of Assam in which the Office Memorandum dated 07.11.2019 is applicable. 12. Coming to the case of Assam Power Distribution Company Ltd. (supra), this Court has noticed that the said writ petition was preferred by the APDCL against an order passed by the District Legal Services Authority whereby an amount of Rs.5,00,000/-(Rupees Five Lakhs) was directed to be paid with 6% interest. This Court has however, interfered with the said direction by holding that the amount of compensation entitled would be Rs.4,00,000/- (Rupees Four Lakhs) as prescribed by the Office Memorandum. However, interest @ 12% was granted from the date of the accident. 13. On a perusal of the report of the Dy. Chief Electrical Inspector dated 03.07.2023, it Page No.# 5/5 becomes clear that there was no contributory negligence on the part of the child in question in the accident concerned and rather the report clearly states that the 11 K.V. overhead line was not shifted prior to construction of the gallery. It was further observed in the report that in the event, appropriate safety measures had been taken and there have been regular and proper checking by the stadium authorities as well as owner of the overhead line, the accident involved in the present proceedings, resulting in grievous injury to the victim girl could have been avoided. Therefore, the negligence of the Assam Power Distribution Company Ltd.(APDCL) stands prima facie established which leads to a consequence that the petitioner would be entitled to the compensation. 14. In the opinion of this Court in absence of any challenge to the Office Memorandum dated 07.11.2019, the same would hold the field, as per which, the amount is prescribed as Rs.4,00,000/-(Rupees Four Lakhs). However, as held by this Court in the case of Assam Power Distribution Company Ltd. (supra), simple interest @ 12% is also directed to be granted from the date of the accident. 15. It is accordingly directed that the prescribed compensation amount of Rs.4,00,000/- (Rupees Four Lakhs) along with simple interest @ 12% from the date of the accident be paid by way of direct transfer to the Bank Account of the victim girl, who has in the meantime attained the age of majority, by the respondents - Assam Power Distribution Company Limited(APDCL). Such payment be made within a period of 2(two) months from the date of receipt of certified copy of this order. 16. With the above directions and observations, the present Writ Petition stands disposed of. JUDGE Comparing Assistant