SONGKHUPCHUNG SERTO
Lalrintluangi – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
Heard Mr. Zoramchhana, learned counsel appearing for the petitioners and also heard Ms. Linda Fambawl, learned Government Advocate appearing for the State respondents and Mr. R. Lalnunpuia, learned counsel appearing for respondent No.7.
2. The facts and circumstances of the case as it has emerged from the submissions of the learned counsels and from the pleadings of the parties are briefly stated as follows:-
The husband of the petitioner No.1 and the father of the petitioner Nos.2 to 5 Lt. Laltlankima who was serving as Constable in Mizoram Police and posted in the reserved line of Mamit district was detailed for law and order duty in connection with Marpara Case No.2/17 vide order No.SP/MMT/RO/L&O/118(A)/2013/704 dated 18/7/2017 issued by the Superintendent of Police, Mamit district. Following the issuance of the said order Late Laltlankima went on duty along with his colleagues to a jungle nearby Silsury village to find out two missing persons. While they were in the course of performing their assigned duty Lt. Laltlankima came in contact with a low height 11 KV power line and he was electrocuted and he died at the spot. His dead body was taken to Phuldungsei Primary hea
National Insurance Company Limited vs Pranay Sethi and Others reported in (2017) 16 SCC 680
SDO Grid Corporation of Orissa Ltd and Others vs Timudu Oram reported in (2005) 6 SCC 156
Point of Law : No ex-gratia payment or any benefit for the death of their loved one while on duty has been paid to the petitioners by the Government.
The court determined that negligence in maintaining electric lines resulting in electrocution establishes liability for compensation under Article 226 of the Constitution, balancing the responsibilit....
The main legal point established in the judgment is that the respondents were held liable for the deaths due to sheer negligence, and the compensation was awarded based on the principles of motor acc....
The main legal point established in the judgment is the application of the principles of strict liability and negligence in cases of electrocution, leading to the award of compensation to the victim.
The court held that the respondents' gross negligence in failing to provide safety measures around the transformer led to the electrocution of a minor, warranting compensation for the victim's injuri....
The main legal point established in the judgment is the application of the principle of res ipsa loquitur, the concept of strict liability, and the duty of the electricity department to maintain elec....
The main legal point established in the judgment is the wide amplitude of power conferred upon the High Court under Article 226 of the Constitution and the principles governing assessment of compensa....
The principle of strict liability applies to cases involving the negligence of the electricity department in maintaining electric lines, making the department absolutely liable to compensate the vict....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.