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SANJAY DHAR
Hafiza Bano D/o Abdul Qayoom – Appellant
Versus
State of Jammu and Kashmir, through Chief Secretary – Respondent
JUDGMENT :
1. The appellant has challenged the judgment and decree dated 06.04.2005 passed by the 1st Additional District Judge, Jammu (hereinafter to be referred as “the trial court”), whereby the suit of the appellant/ plaintiff for recovery of compensation filed against the respondents/defendants has been dismissed.
2. It appears that the appellant/plaintiff filed an application under Order 33 of CPC for grant of permission to file a suit as an indigent person for recovery of an amount of Rs. 12.50 lacs as compensation for the disability suffered by her to her right arm on account of electrocution. Vide order dated 15.02.1999, passed by the learned trial court, the appellant was declared as an indigent person and she was permitted to file the suit as such.
3. It was pleaded by the appellant/plaintiff that on 05.03.1997, she had gone out for grazing her cattle in the field in village Amkooth Sher Bibi, Tehsil Banihal. At about 5.00 p.m, while she was coming back to her home alongwith her cattle, she came in contact with 33 KV sub-transmission line, that passes through that area.
The main legal point established in the judgment is the wide amplitude of power conferred upon the High Court under Article 226 of the Constitution and the principles governing assessment of compensa....
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 application of the principle of res ipsa loquitur, the concept of strict liability, and the duty of the electricity department to maintain elec....
Electricity providers are strictly liable for accidents caused by negligence in maintaining infrastructure, with compensation calculated based on the deceased's earnings and family dependency.
The court held that the respondents' gross negligence in failing to provide safety measures around the transformer led to the electrocution of a minor, warranting compensation for the victim's injuri....
The court established liability of the State as a welfare body to compensate for injuries to minors, asserting that minors cannot be held liable for negligence while emphasizing the negligence of the....
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 liability of power department officials for negligence resulting in injury and the determination of compensation based on the extent of disability and future earning potential.
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....
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