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RAJNESH OSWAL
Manisha Sharma – Appellant
Versus
Union Territory of Jammu and Kashmir, Th. Commissioner-cum-Secretary Power Development Department – Respondent
JUDGMENT :
1. The petitioner, who is an unfortunate girl child of 14 years of age, after having suffered amputation of her right arm up to shoulder level and two fingers of left foot because of electrocution, has filed the present petition through her father for grant of compensation for an amount of Rs. 50,00,000/- along with interest by stating therein that on 03.09.2020 while she was playing with other children in a vacant common land situated near to her house at Village, Nathal Senui, Tehsil Kharah Balli District Jammu, she came into contact with 11 KV electric wire which was hanging in air just four to five feet above the ground level, as a result of which the petitioner suffered electric shock. Due to electrocution, the petitioner suffered multiple burn injuries on her whole body, particularly on her right arm, legs, foot and private part. The case projected by the petitioner in the present writ petition is that the petitioner suffered electric shock due to negligence on part of the officials of the respondents as they failed to maintain safe distance between the high-tension wires and the ground, so as to prevent any human being coming into contact with the electric wires.
2.
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 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....
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 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 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 ....
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....
Enterprises engaged in hazardous activities are strictly liable for injuries caused, with no exceptions to liability, emphasizing the need for timely compensation.
The main legal point established is the liability of the Electricity Board for negligence resulting in the death of the petitioner's daughter and the application of compensation principles under the ....
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