The Delhi high court on Wednesday granted ₹20 lakh as compensation to a 28-year-old man, who was rendered fully disabled after falling off an electricity pole while fixing a fault in Bijwasan area in 2014. The court said even though “he is living, he is barely alive” and directed BSES Rajdhani Power Limited (BRPL) and the contractor, Bryn Construction Company, to pay the compensation within three weeks of Wednesday’s judgment.
On April 25, 2014, Bharat, then 21 years, while working as an electrician with Bryn, was tasked with rectifying a fault in an electricity pole that was causing fluctuations in the supply to a farmhouse in Bijwasan. He fell while performing the task as the pole he was on snapped.
Bharat’s father Kehar Singh approached the high court seeking proper equipment and medicines for his son, along with financial assistance, so that his family do not have to starve to provide Bharat with the emergency medicines he needs.
Justice Anup J Bhambani directed BRPL and contractor Bryn to pay the compensation and said the accident would not have taken place but for their negligence in taking reasonable precautions.
“Whether or not Bharat was provided any safety gear is in any case irrelevant, since that would not absolve Bryn and/or BRPL of their obligation to compensate Bharat,” it further said.
“It is also noticed that though there are vague, passing averments that compensation has already been paid to Bharat and medical aid was also provided to him, the counter affidavits filed do not give any particulars of proof of payment, except an undated declaration/statement allegedly signed by Bharat accepting payment of a small sum of compensation in full-and-final settlement from Bryn and absolving them of any further liability,” Bhambani said in a 78-page judgment.
{{/usCountry}}“It is also noticed that though there are vague, passing averments that compensation has already been paid to Bharat and medical aid was also provided to him, the counter affidavits filed do not give any particulars of proof of payment, except an undated declaration/statement allegedly signed by Bharat accepting payment of a small sum of compensation in full-and-final settlement from Bryn and absolving them of any further liability,” Bhambani said in a 78-page judgment.
{{/usCountry}}Both BRPL and Bryn denied any responsibility for the accident and disclaimed any liability, contending that it is the responsibility of the other respondent to do so.
The judge also said that the declaration of accepting small sum as compensation, even though signed by Bharat, did not deserve credence or value “since it smacks of being a document procured by Bryn precisely for the purpose of absolving itself of any further claim or liability”.
The single judge also directed that a shop be opened in Bharat’s native village Daulat Nagar, Uttar Pradesh, from the compensation money which is to be given within four weeks from Wednesday. He said that the store be run by Bharat’s father or by any other responsible member of his immediate family with the stipulation that Bharat is engaged in running of the store to the extent his health and physical state permits.
It clarified that all earnings from the store will be used and applied for Bharat’s medical and living expenses and for his welfare and well-being.
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