Back
MOKSHA KHAJURIA KAZMI
Saleema Begum – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
MOKSHA KHAJURIA KAZMI, J.
1. The petitioners have invoked the writ jurisdiction of this Court in terms of Article 226 of the Constitution to seek a writ of mandamus to the effect that respondents be directed to pay them compensation of Rs. 30.00 lacs for the loss suffered on account of electrocution of the sole bread earner of their family due to the negligence of the respondents; to appoint the male member of the family in the respondent Department, on the grounds taken in the memo of writ petition.
BRIEF FACTS
2. The case of the petitioners is that the husband of petitioner no. 1 and father of petitioners 2 to 5, Nazir Ahmad Khan, went to offer Maghrib prayers on 24th July, 2013 at around 07:40 p.m. and on his way to the mosque 11000 KV live electric supply line fell from the transformer on the head of said Nazir Ahmad resulting in his on-the-spot death. The incident is attributed to the negligence of the respondents. A case in this behalf is also stated to have been registered with the concerned police which also reflects the electric shock as the cause of death of the deceased Nazir Ahmad Khan. The petitioners have pleaded that the deceased was the sole bread earner of t
The main legal point established in the judgment is the liability of the respondents under the Electricity Act for negligence in maintaining the power supply and power lines, and the principles of re....
The main legal point established in the judgment is that the principle of res ipsa loquitur can be applied to establish negligence in cases of electrocution. The court also emphasized the liability o....
The court confirmed that governmental entities can be held strictly liable for damages resulting from negligence in maintaining public safety regarding hazardous activities, including electricity sup....
The court determined that negligence in maintaining electric lines resulting in electrocution establishes liability for compensation under Article 226 of the Constitution, balancing the responsibilit....
The court cannot decide on compensation when a factual dispute exists.
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 ....
Child has suffered permanent disability of 75% with amputation of left hand. Therefore, loss of earning can be determined by taking into consideration of Notional Income in terms of law.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
