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2021 Supreme(J&K) 561

JAVED IQBAL WANI
State of J&K – Appellant
Versus
Parbat Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: F.A. Natnoo
For the Respondent: O.P. Thakur, Anoop Singh Thakur

JUDGMENT :

1. Appellants, State of Jammu and Kashmir and others, impugn in this Civil First Appeal the judgement and decree dated 31.05.2007, passed by the Court of Additional District Judge, Ramban (for short 'trial court') in a Civil Suit bearing File No. 01/Civil Sh. Prabat Singh and others v. State of J&K and others, directing the appellants, State of J&K, to pay to the respondents herein compensation in the amount of Rs. 2,29,000/- along with 9% interest pendent lite and 6% thereafter till realization of decretal amount, on the grounds made mention of therein.

2. A civil suit, as is coming forth from perusal of the file, was filed by respondent no. 1, being the natural guardian of respondents nos. 2 to 5 for recovery of Rs. 5.00 lakhs as compensation, averring therein that Smt. Chinar Devi-wife of respondent no. 1 and mother of respondents 2 to 5 on 14.04.2001 while climbing a pear tree to pick up fruit for her personal consumption, got electrocuted in Village Inyar coming in contact with High Tension Electric Line touching the said tree. It is the case of the respondents (plaintiffs) that the deceased died due to negligence of the appellants as the Electric Department had fixed

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