The principle of restitutio in integrum and the provisions of the Electricity Act were central to the court's decision in awarding compensation for the electrical accident.

JUDGMENT :

1. The present writ petition filed by the petitioner under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu & Kashmir, seeks indulgence of this Court for issuance of appropriate writ of mandamus thereby directing the respondents to pay him, an amount to the tune of Rs.100.00 lakhs, @ 12 % P.A. from the date of accident as compensation in view of strict and absolute liability, who has become disabled due to negligence of the respondents and their employees.

2. Petitioner pleaded that he was a need based daily worker in the Power Development Department and was posted in the area of village Banipur, Sunderbani; that on the fateful day i.e. 08.11.2014, while working on an electric pole for disconnecting the jumper for restoration of power and to find out the fault, he suffered massive electric shock and fell down from it. It is pleaded that before climbing the pole, he was assured by his colleagues who were at Grid Station that electricity supply would not be restored, as long as, he was working on the pole. But due to negligence of the respondents, the electricity was restored resulting in an electrical accident. After having been severely injured due to electric shock, he was admitted in Sunderbani Hospital for treatment, thereafter at GMC Hosptial, Jammu and finally at Amritsar, where he was operated upon and his right arm had been amputated. It is further pleaded that with regard to the incident, an FIR bearing No.68/2016 was registered in Police Station Sunderbani.

3. It is being pleaded next that the State being a welfare State is having its liability to ensure the safety of its subjects as the right to life and liberty has been granted under Article 21 of the Constitution of India, the State being engaged in hazards and dangerous activities, is strictly under an obligation to compensate the petitioner for his disability, in respect of the negligence or carelessness on the part of its officials; that in the present case, the officials of the respondents were negligent in discharging their duties and this inaction on their part had put the life of the petitioner into danger, as such, the petitioner who became permanently disabled on account of the negligence of the respondents and their employees, is entitled to compensation, claiming to the tune of Rs.100.00 lacs.

4. In support of his contentions, learned counsel has placed reliance on the judgment of Hon’ble the Apex Court in the case of State of Himachal Pradesh & Ors. v. Naval Kumar alias Rohit Kumar reported in 2017 (3) SCC 115.

5. Pursuant to notice, respondents filed objections, asserting therein that the present petition is not maintainable as none of the fundamental, statutory or legal rights of the petitioner has been violated; that it involved the disputed question of law and facts which cannot be adjudicated by invoking the extra ordinary writ jurisdiction of this Court; that the respondents have come up with the policy in such like cases of electrocution/electrical injury, where the government grants ex-gratia amount to the tune of Rs.7.50 lacs in the case of grievous injuries and disabilities and likewise structured arrangement has been prepared and crystallized, but the petitioner has made a claim which is unattainable and is against the established norms and policies of the Government.

6. It has been further pleaded that in terms of policy envisaged by the Govt. for grant of ex-gratia relief to departmental and non-departmental persons who are killed/grievously incapacitated due to electrical accidents, are governed under Govt. Order No.328-PDD of 2011 dated 24.11.2011 and Govt. Order No. 454-F of 2019 dated 24.10.2019, subject to the explicit condition that the accident is not attributable to them but to lapses attributable to the Power Development Department. It is further contended that the petitio