The main legal point established in the judgment is the entitlement to compensation for permanent disability due to negligence, and the assessment of the compensation amount based on loss of earning capacity and legal principles.

JUDGMENT :

1. At this pre-admission stage, the instant petition is taken up for final disposal, in view of the consensus between the learned counsel for the parties.

2. 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 compensation to the petitioner to the tune of Rs. 12.00 lakhs, on account of 40% permanent disability suffered by her due to the negligence of the respondents.

3. Petitioner pleaded that on 16.01.2011, while she was going to a shop and when she reached at Chatha Mill, Main Road, Jammu at about 7:00 pm, all of a sudden, live HT Voltage Electric Line broke and fell on her, thereby causing injuries on her body as well as on right hand and shoulder; that she was immediately rushed to the GMC Hospital, Jammu, where she remained admitted and was discharged on 11.02.2011 and during the treatment, the petitioner’s index finger chassed with amputation of index finger; that respondent nos. 4&5 employees of the Electric Department as Incharge of Chatha area and subordinate to the other respondents, were duty bound to maintain the electric wires of said area, but they had not maintained the electric line of that area, therefore, the said respondents were careless and negligent while performing their duties under law; that the matter was reported at Police Post Chatha and after investigation, the concerned police, produced the chargesheet for their negligence, against the respondent nos. 4&5.

4. 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 in respect of the negligence or carelessness on the part of its officials; that in the present case, the respondents were negligent in not maintaining and removing the old electric lines and this inaction on their part had put the life of the inhabitants into danger, as such, the petitioner who became permanently disabled on account of the negligence of the respondents, is entitled to compensation, claiming to the tune of Rs.12.00 lacs.

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, where the government grants ex-gratia amount to the tune of Rs.3.00 lacs in the case of death and likewise structured arrangement has been prepared and crystallized in cases of grievous injuries and disabilities but the petitioner had not submitted any document to process her case for compensation permissible under rules; that maintenance of electric wire is taken up from time to time and electric fault is not in the control of an individual, as due to overloading the wires conductors get snapped, however, the shutdown is required for replacement of the worn out conductor, the concerned field staff keeps doing it for the upkeep of the system; that, infact, various schemes have been introduced to change the conductor to cables; that there is no negligence on the part of the respondents as the petitioner never approached the respondent-department for getting any compensation along with documents for processing of her case, as such, the present writ petition deserves to be dismissed outrightly.

6. Heard, perused an