1. This petition has been riled by the unfortunate parents whose School going children aged 7 and 11 were electricuted in most tragic circumstances on the fateful day of Sept. 24,1995 in village Dhamlar Tehsil Billawar. The tragedy struck the village in the morning when the children were passing through the paddy field on their way to take bath. In the first instance, Puja, daughter of petitioner No.1, was trapped by over hanging 11 KV electric live wire which was nearly three feet high from the ground and chard to death, Jatinder Singh, her cousin who because of tender age failed to apprehend the danger got electricuted while trying to help his sister from escaping death.

2. Both the children, it is admitted, died of electric burns, as per the autopsy reports. It is also not disputed that both the victims were students of 1st and 5th classes of Central Primary School, Dhamlar.

3. The grievance of the petitioners is that the electric line had been damaged and while repairing the same on 17.09.1995, the Department while leaving the line incomplete left the wire hanging about three feet above the ground level. The work remained un attended untill the tragedy occurred. This, according to them, was criminal negligence on the part of the Power Development Department for which the respondent-state is liable to pay compensation to the petitioners at the rate of Rs. ten lacs each for causing death of the children in a manner that their parents are likely to suffer from tremor throughout their lives.

4. It is admitted on behalf of the respondent-State that 11 KV line is feeding village Dhamlar. It is also admitted that on 17.09.1995 a portion of this electric line was under repairs. It is also admitted that the conductor of the line was so loose that it was hardly three feet above the ground level, the restoration to its original position required more labour force than available at that time. But, it is also admitted, that this work was not attended for the next few days because of the illness of the line-man concerned. The accident, however, occurred because some unauthorised persons had switched on this portion of the 11 KV line which had been disconnected. So the cause of accident, according to the respondents, is unauthorised commissioning of the line by un-known persons.

5. Now the question involved is, whether illness of the line-man could be a ground to leave the repair work un-attended for about five days without ensuring that no person other than the Line-man of the area or a duly authorised person of the Department could switch on the line which could prove fatal as it did?

6. On the admitted facts of the case, there is no escape from the conclusion that both the children were electricuted because of the criminal negligence of the Line-man of the area. In case the Line-man was sick it was for the Department concerned to make alternative arrangement. So the failure of the Department to make alternative arrangement is further prove of the fact that the immediate officers to whom the line-man was subordinate did not act with promptitude and failed to take care and caution as expected of a reasonable person in the similar circumstances. No reasonable person could be expected to leave a Sub station manned by a Line-man un-attended so as to allow any body to switch on the power when part of the line was not only damaged but left in such a manner that its conductor was almost touching the ground. Assuming that the line was commissioned by an unauthorised person, as pleaded, it could lead to casualties, both human as well as live-stock because the line passes through open paddy fields of the village and any unsuspecting person may come in contact with the over-hanging conductor. Infant children cannot be attributed the knowledge that coming into contact with such an object is not only dangerous, but fatal. Thus, the failure of the Line-man and the Department not to complete the repair work which admittedly had already commenced and l

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