The main legal point established in the judgment is that the respondents were held liable for the deaths due to sheer negligence, and the compensation was awarded based on the principles of motor accidents claims cases.

JUDGMENT :

1. Having regard to the common facts, grounds and identical application of law, it is proposed to decide both the above titled writ petitions by this common judgment.

2. Petitioners in both the petitions pleaded that in the intervening night of 17th and 18th May, 2010 at around 2 O’clock midnight, a dilapidated high voltage live electric 11 KV line fell on a LT line in the area, which led to burning of the house of one Piyar Singh in Village Dhansal of Assar area of District Doda; that two of his sons, namely, Ram Kumar Singh and Surjeet Singh got electrocuted as both of them had been sleeping at that point of time inside the house and due to sudden suffocation they ran out of the panic, in order to save their lives and that of other family members, rushed out of home to their courtyard where a broken/snapped live electric wire carrying a potentially dangerous voltage of 11 KV plus came in their contact and in the process both of them got electrocuted, whereas, rest of the family members too received serious burn injuries; that the injured Ram Kumar Singh and Surjeet Singh were immediately shifted to local hospital at Assar by the locals, where they were declared as brought dead by the Doctor.

3. It has further been pleaded that a case was registered with regard to this accident at Police Station, Assar vide FIR No. 17/2010 on 18.05.2010 for the commission of offences punishable under Sections 304-A, 337 and 427 of RPC, indicating that there was gross negligence of state officials, i.e., JE, AEE, DE, Inspector and the local lineman; that soon after this tragedy the respondents immediately shortened the inter electric poles distance and also replaced critically worn out portion of the wires of the main 11KV line, which led to this tragedy; that the local residents have complained both in writing and orally, requesting that the 11KV line be removed/replaced or tightened when two animals in the past had been got electrocuted, but despite the requests this problem was not attended to by the respondents.

4. Petitioners in OWP No. 509/2011 prayed for payment of compensation in the amount of Rs. 50 lakhs along with interest for the death of the deceased Ram Kumar Singh S/O Piyar Singh R/O Village Dhansal, Tehsil Assar, District Doda, whereas the petitioners in OWP No. 508/2011 prayed for payment of compensation for an amount of Rs. 1 crore along with interest for the death of deceased Surjeet Singh S/O Piyar Singh R/O Village Dhansal, Tehsil Assar, District Doda.

5. Pursuant to notice, the respondents filed objections firstly resisting the claim of the petitioners and seeking dismissal of the writ petitions for having raised the disputed questions of fact which cannot be adjudicated upon in the writ proceedings, secondly that the death of the deceased during the intervening night of May 17th and 18th, 2010, was caused due to an act of God as there was heavy windstorm accompanied by severe lightning in the entire Assar and Doda areas, therefore, the respondents cannot be held liable for the death of the deceased in any manner.

6. Respondents further averred that during the course of enquiry it was found that one of the conductor of 11 KV Marsoo feeder emanating from 33/11 KV R/Stn. Assar, had snapped near Village Dhansal following bursting of 11 KV pin insulator due to severe lightening and wind storm during the night; that the respondents also found that the snapped conductor was resting on LT line emanating from distribution transformer of Village Dhansal and denied that the snapped electric wire was lying in the courtyard of the house of the deceased as the snapped wire was at a distance of around 400 meters from the site of accident; that the field staff of the respondents reported that the cause of death of the deceased was due to heavy lightening which had struck the village, and the death of deceased was not due to ele