S. SUNIL DUTT YADAV
Rekha, W/o. Late N. Subramanya – Appellant
Versus
Karnataka Power Transmission Corporation Limited – Respondent
ORDER :
S. Sunil Dutt Yadav, J.
This Order has been divided into the following Sections to facilitate analysis :
| I | Preamble | 6 |
| II | Prayer | 7 |
| III | Facts | 8 |
| IV | Contentions of Parties | 12 |
| V | Analysis : A. Nature of Liability of Transmission Utility and Distribution Company : (a) Liability under Common Law (b) Liability under Statutory Framework imposing duty to ensure safety during transmission and distribution | 22 22 |
| B. Maintainability of Writ Petitions | 42 | |
| C. Relegation to Civil Court after granting provisional compensation | 50 | |
| D. Right to claim Compensation irrespective of payment of Exgratia/Solatium Amount | 56 | |
| E. Apportionment of Liability | 57 | |
| F. Contributory Negligence of Child | 59 | |
| VI | Conclusion | 63 |
| VII | Quantum of Compensation | 74 |
| VIII | Order | 87 |
I. PREAMBLE :
W.P.No.53302/2018, 6087/2019 and 1383/2020 all are legal actions initiated invoking writ jurisdiction claiming compensation by way of a public law remedy consequent upon injuries suffered (W.P.No.53302/2018 and 608
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