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JAVED IQBAL WANI
Union Territory of Jammu & Kashmir through Commissioner/Secretary to Govt. , Power Development Department – Appellant
Versus
Mohammad Amin Bhat S/o. Abdul Aziz Bhat – Respondent
JUDGMENT :
1. The instant Civil Ist Appeal has been filed by the appellants herein against the judgment and decree dated 17.01.2019 (for short “impugned judgment and decree”) passed by the court of Principal District Judge, Anantnag (for short “the trial court”) in case titled as “Mohammad Amin Bhat vs. State of J&K & Ors”.
2. The facts giving rise to the filing of the instant appeal would reveal that the plaintiff/respondent 1 herein filed a suit as an indigent person praying for grant of compensation therein to the tune of Rs.80,00,000/- (Rupees Eighty Lacs) from the defendants/appellants and proforma respondents herein on account of injuries sustained by him during electrocution caused by negligence of the defendants/appellants herein. The defendants/appellants herein filed their response to the suit whereafter the trial court framed the following issues :
(ii) Whether the plaintiff lost his right hand/arm, while fixing H.T. Electric line at Malikgund, Siligam due to electrocution? (OPP)
(iii) In case issue no. 2 is proved in affirmative, whether the accident was caused due to the negligence of t
Employer's vicarious liability for the acts of their servant, application of principles for computation of compensation from the Motor Vehicles Act, 1988, and fairness of the awarded compensation.
The main legal point established in the judgment is the application of the principles of strict liability and negligence in cases of electrocution, leading to the award of compensation to the victim.
The judgment establishes the application of the doctrine of strict liability in cases of hazardous activities, the method for computing compensation under the Motor Vehicle Act, and the liability of ....
The main legal point established in the judgment is the application of the principle of res ipsa loquitur, the concept of strict liability, and the duty of the electricity department to maintain elec....
The duty of care owed by the Electricity Board in hazardous activities and the application of the multiplier method for determining the quantum of compensation.
In electrocution cases, strict liability applies, and the plaintiff must only prove injury from electrocution, not negligence of the electricity provider.
The main legal point established in the judgment is the liability for compensation due to negligence resulting in an electric shock and the application of principles from motor accidents claims cases....
Electricity providers have a strict liability to maintain safety standards, and failure to do so resulting in harm establishes negligence.
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