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SANJAY DHAR
Ghulam Nabi – Appellant
Versus
Secretary, J&K Government, Power Development Department – Respondent
JUDGMENT :
1. The appellant has challenged the judgment and decree dated 31.08.2017 passed by the learned Additional District Judge, Doda (hereinafter to be referred as “the trial court”), whereby the suit of the appellant/plaintiff for recovery of compensation filed against the defendants/respondents has been decreed and an amount of Rs. 2,18,000/- alongwith interest @ 7.5% per annum has been awarded as compensation in his favour. The appellant being dissatisfied with the amount of compensation awarded by the trial court has sought enhancement of the compensation.
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. 20.00 lacs as compensation for the disability suffered by him due to electrocution. Vide order dated 22.01.2014, passed by the learned trial court, the appellant/plaintiff was declared as an indigent person and he was permitted to file the suit as such.
3. It was pleaded by the appellant/plaintiff that on 27.05.2012, when he was proceeding from his house towards the house of his brother at village Khanpura Figsoo, Tehsil Thatri, all of a sudden Hi
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....
In electrocution cases, strict liability applies, and the plaintiff must only prove injury from electrocution, not negligence of the electricity provider.
The sequence of negligence leading to electrocution requires compensation reflecting the deceased's potential earnings, emphasizing that strict evidence is not mandatory for assessing damages within ....
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 principle of res ipsa loquitur, the concept of strict liability, and the duty of the electricity department to maintain elec....
Courts can award compensation beyond government ex-gratia limits in electrocution cases, grounded in established legal principles that encompass loss of earnings, pain, suffering, and amenities.
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 ....
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