1. Deceased, Mohammed Sultan Wani has lost life due to electrocution on 6th September, 1997 as a result of negligence attributed to the PDD Department. Resultantly, suit for recovery of Rs. 5.00 lacs with interest and costs came to be instituted by respondent/widow before the court of Learned Sessions Judge, Pulwama. Suit has been decreed vide judgment dated 15.06.2007 whereunder respondents (plaintiff) has been held entitled to pay the amount of Rs.4.00 lacs i.e. Rs.2.05 lacs as dependency value on the earning of the deceased and Rs. 1.05 lacs on account of pain and agony and costs to the tune of Rs. 20,000/- alongwith interest al the rate of 12 % P.A have been allowed.

2. By the medium of this appeal, the judgment and decree is assailed. The death of the deceased due to electrocution is not denied but it has been contended that the deceased got electrocuted owing to his own negligence as according to appellants deceased illegally was connecting the electric power supply from existing LT supply line of M/s Link Way Stone Crusher at Tengpora and had carried the electric line on some kicker poles and on existing live trees adjacent to the road and HT line and during the course of con

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