The central legal point established in the judgment is the assessment of just compensation for the dependant family's actual loss, considering the deceased's income, dependency of the respondents, and the guiding factors under Section 163-A of the Motor Vehicles Act, 1988.

1. The facts leading to the filing of this Civil 1st Appeal, directed against Decree and Judgment dated 20.08.2007 of the learned Additional District Judge, Jammu, whereby respondents' Suit No. 35/Civil was decreed for Rs. 5,40,000/- along with interest @ 7% per annum against the appellants, are as follows:-

Nirmal Singh Jamwal, a Junior Assistant in the Medical College, Jammu, was electrocuted on January 16,1996, when he attempted to switch off the fan, which was already on the switch off mode, had abruptly started moving on its own grounds.

The functionaries of the Electric Department of the State Government are stated to have failed in their duty to take requisite care and caution that the 11KV electric current coming to their Stations did not pass in the residential area, as a result whereof, Nirmal Singh got electrocuted while attempting to switch off the fan in his house where because of the negligence of the Electric Department, the Electric Current of 11 KV had been allowed to pass.

Smt. Seema Jamwal, aged 29 years, his wife, Mehak Jamwal, aged 5 years, his daughter and Rahain Jamwal, aged 3 years, his minor son, filed a Suit against the State and its Commissioner/Secretary in the Power Development Department, besides the Managing Director of REC Limited Samba, the Society which was managing the State Controlled Electricity in the area, for recovery of Rs. 10 lac as compensation for the death of Nirmal Singh, who was drawing Rs.3000/- as his monthly salary at the time of the death.

2. The Suit was contested by the appellants on various Out of the pleadings of the parties, the trial Court framed issues, which are reproduced hereunder for reference:-

1. Whether as a result of electric shock on 16.1.1996 because of the negli­gence and mismanagement of the defendants, the death of Nirmal Singh was caused? O.P.Plaintiffs.

2. In case issue No. 1 succeeds, whether the defendants are liable to pay damages to the plaintiff? If so, what is the quantum of damages? O.P. Plain­tiffs.

3. Whether the Suit against defendant No. 3 is not maintainable? if so, why? O.P. Defendant No. 3.

4. At least to what relief the plaintiffs are entitled? O.P.P

4. The respondents examined Seema Jamwal, Gurdeep Singh, Pardeep Singh, Ranjit Singh, besides H.S.Gupta, S.E, Inspector Circle Jammu & Kashmir, Gandhi Nagar, Jammu, to support their claim in the Suit.

5. The appellants, on the other hand, produced Nobat Ram and Kaka Ram as their witnesses.

6. After appreciating the evidence led by the parties, the trial Court came to the conclusion that the appellants were negligent in the discharge of their duty, in that, they had failed to take requisite measures to ensure that the voltage of electric energy supplied to the area where the deceased's house was located did not exceed the maximum prescribed voltage for the residential area.

7. On the basis of the evidence produced by the parties, Issue Nos. 1 & 2 were decided against the appellants and in favour of the respondents.

8. While deciding Issue Nos.3 & 4 against the appellants, they were held liable to pay Rs.5,40,000/- as compensation to the respondents for the death of Nirmal Singh Jamwal.

9. At the time of hearing of the Appeal, the appellants' learned counsel did not contest the findings of the trial Court on Issue Nos. 1 to 3, and rightly so because in view of the evidence led even by the appellants, it was established that the State-re­spondents had not taken requisite care and caution to see that high voltage of energy did not escape to the area where the house of the deceased was situated.

10. Learned counsel, however, vehemently argued that the trial Court had erred in allowing Rs.5,40,000/- as compensation to the respondents, which accord­ing to him, was a bonanza and hence impermissible, in that, only just compensation could be awarded to the respondents for the death of Nirmal Singh Jamwal, who was electrocuted while coming in contact with the electric switch in his house where the appellants had-permitt

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