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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
MR JUSTICE VINOD CHATTERJI KOUL, J
State Of J&k – Appellant
Versus
Yawar Ahmad Bhat (Minor) – Respondent
JUDGMENT :
1. This appeal has been directed against Order dated 11th July 2018, passed by 2nd Additional District Judge, Srinagar (for short “Trial Court”) in an application under Order IX Rule 13 of the Code of Civil Procedure in File no.62/Misc titled as Director General of Police v. Yawar Ahmad Bhat and another, as also against ex parte judgement and decree dated 6th February 2017 passed in a Civil Suit for Declaration and Mandatory Injunction, bearing File no.16/COS titled as Yawar Ahmad Bhat v. State of J&K and another, and for setting-aside the same.
2. I have heard learned counsel for parties and considered the matter.
3. It is a submission of appellants that compensation/damages calculated by Trial Court has wrongly been computed inasmuch as it is exaggerated/inflated and completely even on higher side; that impugned ex parte judgement and decree has been passed in hot haste by Trial Court without seeking and/or ensuring filing of written statement by defendants inasmuch as they have neither been summoned nor served in the manner provided under relevant provisions of the Code of Civil Procedure. Both disputed facts and questions of law have been raised and urged in the suit wh
The court upheld the necessity of proper service in civil proceedings and affirmed the principles for calculating compensation for personal injury, emphasizing the victim's right to reparation.
The court held that compensation awarded for personal injuries must be just and adequate, recognizing the permanent impact on the claimant’s quality of life and adjusting interest rates to reflect ec....
The court affirmed the necessity for proper service of notice in legal proceedings and emphasized a liberal approach to delay in applications, prioritizing substantial justice.
The compensation for personal injuries must be just and reasonably adequate based on rational assessments reflecting actual impacts endured due to injuries.
Writ jurisdiction under Article 226 can be exercised for compensation in cases of negligence by state functionaries when facts are not disputed, emphasizing enforcement of legal rights.
Enterprises engaged in hazardous activities are strictly liable for damages caused, reinforcing the polluter pays principle for environmental harm.
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....
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