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HIGH COURT OF JAMMU AND KASHMIR
ABRAR AHMAD TANTRAY (HANDICAP) – Appellant
Versus
STATE OF J AND K AND ORS. (POWER DEVELOPMENT DEPARTMENT) – Respondent
JUDGMENT :
1. Petitioner prays to direct respondents to release compensation of Rs.20.00 Lacs in his favour which would include his hospitalization charges, operation, so long treatment, diet, transportation, care taking, mental pain and agony, future prospects and element of permanent disability. He also prays to direct official respondents to consider objectively and sympathetically petitioner for a suitable job in the said department as per his qualification so that he may not feel dependent and handicapped in his life because of aforesaid incident and can be rehabilitated permanently.
2. I have heard learned counsel for parties and considered the matter.
3. Brief facts summarized by petitioner in instant writ petition are that on 9 th March 2007, petitioner was eight years of age. He along with other children was playing near live wire electric transformer which was uncovered/uninsulated. The child/petitioner received electric shock due to a snapped 11 KV line at village Kujjar Kulgam as it was open uncovered/uninsulated electric wire which resulted in severe burn injuries on left side of his head, arm and other parts of body. He was immediately admitted to SKIMS, Srinagar. Police
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 principle of restitutio in integrum and the provisions of the Electricity Act were central to the court's decision in awarding compensation for the electrical accident.
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....
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