ROSHAN DEEN Vs. PREETI LAL

JUDGEMENT

(1.) Leave granted.

(2.) If the Judgment of the High Court, now under attack, is termed as wrong and untenable it is only a euphemistic characterisation. It really amounted to crippling the cause of justice of a crippled man. The powers of writ jurisdiction of the High Courts are basically intended to salvage causes of justice, but the High Court, in this case, has exercised such powers for over-turning justice which a lower authority had granted to a devastatingly disabled person.

(3.) Roshan Deen, a young man of 25, made a claim on the respondent (who was running a Flour Mill-cum-Sugarcane Factory) for a sum of Rs. 7 lakhs on the following factual averments : The claimant (present appellant) was a workman of the respondent's industrial establishment, on a monthly salary of Rs. 1500/-. On an ill-fated day in his life (14-3-1995) he was operating a machine of the Mill, but in a sudden tweak he got himself snapped in the shaft of a column and was crushed by the fast rotating machine and was ruinously injured. His neck, hands, legs etc. suffered multiple injuries including fractures. He was rushed to a private hospital and from there, to the Post-Graduate Institute, Chandigarh. An emergency tracheotomy was performed to save his life as the endoscope revealed that his right vocal cord has been paralised, the trachea and other vessels of the neck were impaired. One of his legs and ore of his hands were amputated besides very many other impairment suffered by him. Enough, it is to say that he did not die of the injuries. If the description of the ravageous features of the consequences on his person as recorded in the medical papers produced by him are to be believed we can only bemoan that he survived to live a triturated life.