Rakesh Kumar Jain, J. - (1.) The petitioner, a 10th class student of the Government Senior Secondary School, Bhagsar, District Muktsar, was electrocuted in school on 23.02.2013. She was initially taken to the Government Hospital, Muktsar, then to the Government Hospital, Faridkot, and ultimately shifted to a private hospital in Amritsar. She lost her right arm and one toe. She was issued a Disability Certificate by the office of the Civil Surgeon, Sri Muktsar Sahib, assessing her disability to 80% and loss of two limbs. She ran from pillar to post, making various representations to various government departments and at last filed this petition, seeking direction to the respondents for providing her financial/medical assistance and other benefits.
(2.) On 06.01.2015, the following order was passed by this Court:- "There is a contention taken by the Power Corporation that the accident had taken place at the school and the school itself was responsible for the electrocution resulting in grievous injuries to the petitioner. Either the Corporation or the school shall be answerable. It is a government school and the State of Punjab is already a party. The presence of the State ought to take care of the issue of whether the liability could be shared with the Corporation or not. The disability certificate filed before court is grossly inadequate to assess the nature of injuries and the manner of its assessment. The petitioner avers that the electrocution has resulted in grievous injuries. It involved amputation of a hand and toes in one leg. The electrocution in a public place typically presents a res ipsa loquitur situation where the strict liability norm has to be applied against the person responsible for maintaining the facility. It will be possible to assess the compensation payable only if appropriate medical assessment is made. I request the Director, PGI, Chandigarh to constitute a Medical Board and the petitioner shall be examined on the date and time fixed by the Board. The identity of the petitioner shall be properly recorded and the assessment regarding the disability shall be made and a report sent to this court within a period of 8 weeks. Adjourned to 30.03.2015. The State shall file reply in the meanwhile and take appropriate instructions from the school authorities."
(3.) In pursuance of the aforesaid order, the PGI, Chandigarh, reexamined the petitioner through a Medical Board, who had recorded the following minutes:- "1. The said patient has above elbow amputation in the upper one-third of the right arm. She will require a prosthetic arm to overcome her functional disability. 2. Patient will require a flap surgery on the arm before application of a prosthetic arm. The same will cost around INR 15000/- (Fifteen Thousand) in PGIMER. 3. The most suitable prosthetic arm of the patient would be Myo AE Prosthesis. The cost of this is INR 1,43,000/- (one lac forty three thousand) at current market price. The average maintenance cost of this prosthetic arm is INR 10,000/- per year. 4. The patient will require around 4 to 5 new prosthetic during her life time.";