Ahmedabad: The Gujarat high court has upheld compensation for a minor who was permanently disabled due to electrocution while trying to retrieve a kite from an electric pole. The court discarded the power distribution company’s argument about the child’s negligence and asserted that “young children are deemed entirely incapable of negligence”.This case involved Jayendrasinh Jadeja, a resident of Dhokda village in Kutch district. He was flying a kite on Jan 14, 2007, when it got entangled on an electric pole. Jadeja, a minor then, climbed the pole to retrieve the kite and suffered an electric shock. He was rendered disabled for life. He sought compensation from the Paschim Gujarat Vij Co Ltd (PGVCL), alleging negligence by the utility. In 2009, a Bhuj civil court ordered the power distribution company to pay Rs 9.8 lakh with 9% interest.PGVCL approached the HC, arguing that the accident was caused solely by the child’s conduct in climbing the pole. It contended there was no pleading that wires were loose or improperly fitted. The utility also disputed the trial court’s assessment of future income, the award of medical expenses despite limited bills, and the 9% interest rate.Justice J C Doshi dismissed PGVCL’s appeal and said that children’s actions cannot be termed negligence. “The injured was a minor at the relevant time. From a minor, the standard of care expected is entirely different from that of an adult. Minors are judged by what is reasonably expected of a child of the same age, intelligence and experience rather than the strict adult standard. Generally speaking, young children are often deemed entirely incapable of negligence,” the court observed in its order.The HC held PGVCL liable to keep all the wires insulated to prevent accidents, and said, “There is no cavil that the appellant is engaged in the business of selling hazardous product viz. electricity. It is the liability of the appellant, PGVCL, to maintain all the wires and have insulated them to prevent the incident. If any incident occurs, the principle of absolute liability shall be attracted.”Justice Doshi noted that the electric lines and flow of energy were under the exclusive control of PGVCL and emphasised the duty of the utility to ensure safety and comply with procedures before energising new lines.
