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State of Himachal Pradesh & Ors. v. Naval Kumar alias Rohit Kumar

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 1339 of 2017)Decided 2 Feb 2017
Civil Appeal No. 1339 of 2017
Justice J. Chelameswar · Justice Abhay Manohar Sapre

Background

In March 2012, an 8-year-old boy in Himachal Pradesh was severely electrocuted by a high-tension 11 KV live wire while out collecting wild greens with his mother, due to the State's negligence in maintaining the line. He suffered 100% disability, both his arms had to be amputated, and he was hospitalised for over a month, ending a promising academic career and leaving him permanently dependent on his family. The Himachal Pradesh High Court had awarded him Rs. 1,25,00,000 in compensation in a writ petition, and the State appealed to the Supreme Court challenging the quantum.

Decision Breakdown

The Supreme Court agreed that the State was liable for the injury caused by its negligence but found that the High Court's lump-sum compensation under various heads was higher than the evidence supported and was not a legally sustainable figure as calculated. Taking into account the boy's age, family background, extent of disability, academic promise, and likely future needs, the Court recalculated a just and reasonable lump-sum compensation. The appeal was partly allowed, reducing the compensation from Rs. 1,25,00,000 to Rs. 90,00,000, with 6% annual interest from the date of filing the writ petition, to be deposited by the State within three months.

Lesson Learnt

Government authorities can be held financially liable in a writ petition (not just a regular civil suit) for injuries caused by their negligence, such as failing to maintain safe electrical infrastructure, but compensation amounts must still be grounded in evidence and relevant factors like age, disability, and lost earning capacity, rather than an unsupported lump sum.

Official source (sci.gov.in)View Judgment (PDF)

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