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2012 Supreme(J&K) 392

J.P.SINGH
Gittan Ram and Anr. – Appellant
Versus
State of J&K and Ors. – Respondent


Advocates Appeared:
For the Petitioner(s):Mr. D.K.Bangotra, Advocate.
For the Respondent(s):Mr.G.S.Thakur, Advocate.

Settled in village Kachhrial of Tehsil Akhnoor located near the Actual Line of Control in the State of Jammu and Kashmir, the petitioners had to leave their home and hearth in the year 1999 because of disturbances on the Border. They were settled temporarily by the State Government at Ram Nagar Migrant Camp Bomal situated in Tehsil Akhnoor. Ganesh Dass aged 20 years, their son, was sleeping in a tent on February 22, 2001 when the Transformer installed by the Power Development Department of the State Government near the tent caught fire and 11 KV Electric Line carrying high voltage electric energy dropped at the tent hitting severely, sleeping Ganesh, who sustained severe burn injuries to which he succumbed at Sub District Hospital, Akhnoor.

2. Attributing Ganesh’s death to the State Government’s negligence in not employing safety devices and taking measures, requisite for ensuring that high voltage energy did not escape and caused damage and loss that it had the potential so to do, the petitioners have filed this Petition seeking compensation for the death of Ganesh, the sole bread winner of the petitioners’ family.

3. Denying their liability the State Government says that the Electr















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