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2008 Supreme(J&K) 334

J.P.SINGH
Mushtaq Ahmed – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: Navneet Dubey
Advocate For Respondent: Shahista Hakim

1. Mrs. Rani was passing through a thorough fare at village Kartholi adjoining village Maheen Sarkar of Tehsil Samba District Jammu when on coming in contact with the snapped 11 KV Aerial Line, she got electrocuted. Mushtaq Ahmed, her husband, Fermin Akhtar, Nasreen Akhtar and Naseema Begum, her minor daughters, have filed this writ petition seeking a command against the respondent-State and its functionaries in the Power Development Department to pay them Six Lac rupees (Rs. 6.00 lac) along with interest at the rate of 18% per annum as compensation for the death of Mrs. Rani.

2. Petitioners have claimed compensation from the respondents on the ground that they had laid 11 KV Aerial Line for transmitting electric energy over a thorough fare contrary to the provisions of Section 17 of the Electricity Act, 1997 (1940 AD) and had omitted to maintain the Aerial Line properly which because of its poor maintenance had remained suspended at low height for couple of days before it snapped on 14.10.1995 entirely because of the negligence and non-performance of statutory duty by the respondents because of which Mrs. Rani got electrocuted while passing through the thorough fare.

3. Contesting











































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