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Seven years after the-then 21 year old electrician, Bharat Singh, fell off an electricity pole, thereby becoming fully disabled, the Delhi High Court has awarded Rs. 20 lakh as compensation to Singh.

28-year-old Singh was rendered fully disabled after falling off an electricity pole while fixing a fault in Bijwasan area in the national capital in 2014.

A single judge bench of Justice Anup Jairam Bhambani hearing the matter said, “Today Bharat is unable to perform even the most basic, personal, daily chores himself and is all but 100% dependent on others; and as a result, though Bharat is living, he is barely alive”, and directed Bryn Construction Company (Bryn) and BSES Rajdhani Power Limited to pay Rs.10,00,000/ each (BRPL) to Singh within 4 weeks from the date of the judgment, by depositing the same into a new account in the name of “Bharat Singh” to be opened at the UCO Bank, Bulandshehar Branch (IFSC Code : UCBA0000332), U.P. to be operated on his behalf and for his benefit by his brother Amar Singh.

The Court was hearing a petition filed by Kehar Singh father of Bharat Singh.

On April 24, 2014, Bharat while working as an electrician with Bryn, 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 and suffered a fall while performing the task since the electricity pole that he had climbed on, snapped and fell.

The Court observed that at the time when the accident occurred on Apr 25, 2014, Bharat was performing a task assigned to him by Bryn, which entity was at that time engaged as a contractor by BRPL.

With regard to employer-employee liability the court said, "Without delving into the technical semantics of whether Bharat was an ‘employee’ of Bryn within the meaning of the Employee’s Compensation Act, suffice it to say that Bharat was performing the task in question for Bryn and at their instance."

The Court further observed that “whether the fault for putting Bharat in this state lies with Bryn and/or BRPL, suffice it to say that on the principle of ‘strict liability’, both Bryn and BRPL are, jointly and severally, liable to compensate Bharat for putting him in his current state”.

The Court has directed that out of the total sum of Rs. 20,00,000/- (Rupees Twenty Lacs) awarded as monetary compensation/ damages, Kehar Singh shall open for the benefit and welfare and in the name of Bharat Singh, a general/ provisions store from a portion of his house in village Bulandshahr, Uttar Pradesh.

The counsel appearing on behalf of the State of Uttar Pradesh assured the Court that no license or permission would be required to run such store from the house where Bharat lives with the aim and intent of ensuring proper use and application of the compensation awarded to Bharat, as also for giving Bharat the opportunity of usefully engaging himself in some gainful activity.

As non-monetary relief to Bharat, the State of Uttar Pradesh has been directed to continue to treat Bharat as a person with 100% permanent disability and to continue to provide to him:

1. Disability pension;
2. Lifelong free bus and railway passes;
3. Free physiotherapy and occupational therapy, till as long as it is considered necessary in the professional opinion of the concerned doctors; and
4. All other forms of relief, assistance, help and aid in accordance with his entitlements, under government schemes, rules and notifications, as may be applicable to him from time-to-time.

Case Title: Shri Kehar Singh vs GNCTD and Ors
Edited by Shreya Agarwal