RODRICK WANBOK LYNGDOH DUIA Vs. MEGHALAYA ENERGY CORPORATION

JUDGEMENT

(1.) Heard Mr. P Nongbri, learned counsel for the petitioner and Mr. H Kharmih, learned counsel for the respondents.

(2.) It is not required to delve deep into the factual matrix leading to the filing of the present writ petition.

(3.) The petitioner was initially appointed as casual Jugali vide order No. II (F) vide Memo No. MSEB/SD/AR-VI/T-16/2009-10 dated 11.01.2008, and he was placed on duty under the Area Manager, Area VI, Shillong Distribution, MeECL (formerly MeSEB), Jingkieng, Nongthymmai. While the petitioner was on duty on 18.12.2009 for replacement of the damaged 25 KVA, 11/0.4 KV Distribution Transformer at about 15:20 hours, he met with a very serious accident and suffered a high voltage electrical shock and fell down from a height approximately 10 (ten) feet. The said accident was reported to the Officer-in-Charge Madanriting Police Station, Shillong by the Area Manager, Shillong Distribution, MeSEB. The said accident caused grievous injury to the right arm of the petitioner apart from other injuries and the petitioner was treated at Nazareth Hospital, Shillong and also the petitioner was admitted in the Intensive Care Unit (ICU). The injury to the right arm of the petitioner was so grievous that the Doctor attending the petitioner at Nazareth Hospital in order to save his life had to amputate the petitioner's right arm. As there were complicacies even after the amputation of his right arm, the petitioner had to undergo further medical treatment at Christian Medical College, Vellore. The Chairman-cum-Managing Director of Meghalaya Energy Corporation Ltd. (for short 'MeECL') accorded approval for further medical treatment of the petitioner and also sanctioned Rs. 1,60,000/- (Rupees one lakh sixty thousand) only for the said treatment. The District Medical Board vide Disability Certificate dated 13.03.2010 certified that the petitioner has 75% permanent physical impairment and his condition is not likely to improve. The area Manager, Area VI, Shillong Distribution MeECL also certified that the petitioner was very regular, sincere and capable worker and he met with an accident while working on Transformer DO Fuse unit at Rngi, Shillong and as a consequence of which, his right arm was amputated.