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2011 Supreme(J&K) 267

J.P.SINGH
State of J&K & Ors. – Appellant
Versus
Seema Jamwal & Ors. – Respondent


Advocates Appeared:
Mr.G.S.Thakur, Advocate for Appellant., Mr.Vishal Sharma, Advocate for Respondent.

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



























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