SHEO KUMAR SINGH,J. - (1.) The child is the father of the man. But if the things which have been provided to the child by Almighty God as a natural gift are taken away by the instrumentality of the man through his negligence and carelessness, a question is raised as to how the child will be the father of the man.
(2.) Two kids, namely Yash Pal Singh, aged about 12 years and Ankit Kumar Yadav, aged about 14 years, were playing ball in front of House No.31 belonging to Mr. R.C. Singh situated in Gaurav Bihar Colony, Police Station Chinhat, Lucknow, and this tragic and heart rending accident took place on 11.06.2011 at about 04.30 PM, when during course of playing ball both innocent children came into contact with a naked 11 KV transmission line passing over by touching the roof of House No.31, and in consequence thereof both the innocent children injured seriously by electrocution as a consequence both hands and a leg of both the children have been amputated, a rare condition, leading to something even worse than 100% permanent disability. Playing with ball is most favourite game of small kids and a source of pleasure and happiness but they were unaware of the fact that the source of happiness will be cause of their sorrow and suffering. Now, for the rest of life whenever they will see the children playing with ball, a tragic memory will revive in their mind reminding this tragic playing with ball, electrocution and amputation of their important organs i.e. hands and one leg.
(3.) By means of this writ petition filed under Article 226 of the Constitution of India, the injured Yash Pal Singh and Ankit Kumar Yadav have claimed for compensation from the respondents for loss of both arms and a leg severed leaving stumps at a tender age with almost all avenues open to earn and support himself in future shut and so also to be denied the small pleasures of growing up to do ordinary things that children do, and left to face life completely dependent on others till they alive. They may never be able to feed themselves both literally and metaphorically.;