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HIGH COURT OF JAMMU AND KASHMIR
UT OF JK THROUGH COMMISSIONER SECRETARY TO GOVERNMENT PDD AND OTHERS – Appellant
Versus
GAYANA DEVI AND OTHERS – Respondent
JUDGMENT :
1. This Civil First Appeal has been preferred by the defendants-appellants against the judgment dated 29.06.2022 passed in civil original suit titled Gayana Devi & Ors vs State of J&K & Ors, by the Court of Principal District Judge, Ramban, whereby compensation was ordered to be paid to the plaintiffs-respondents.
2. The Trial Court in a Pauper Suit filed by the plaintiffs-respondents herein seeking recovery of an amount of ₹15.00 lacs as compensation for the death of one Pritam Singh, husband of respondent No.1 and father of respondent Nos. 2 to 5 in a fatal accident, pleading that on July 05, 2015 at 11:00 AM, the deceased while standing on the right side of his house was electrocuted by 33 KV Transmission Line laid by the defendants-appellants herein negligently at Village Sangaldan, Tehsil Gool, District Ramban.
3. After a full dressed trial by the Trial Court, the Suit was granted holding the plaintiffs-respondents herein entitled to a total compensation of Rs.11,23,000/- along with simple interest @ 9% pedentlite and 6% thereafter.
4. The impugned judgment has been assailed mainly on the grounds that the suit filed before the Trial Court suffered of limitation as provi
The court upheld the trial court's decision, ruling that the defendants could not raise a limitation defense not presented at trial, and that plaintiffs proved negligence in the electrocution case.
The judgment established the principle that those involved in the transmission of high-voltage electric energy are liable for damages caused by its uncontrolled escape, and it applied the principles ....
The court upheld the trial court's decision, finding no negligence on the plaintiffs' part and confirming the compensation awarded for the electrocution incident.
Defendants held liable for negligence in maintaining electricity wires leading to electrocution, affirming trial court's compensation award.
The suit for compensation under the Fatal Accident Act must be filed within two years from the date of death, as per Article 82 of the Limitation Act.
In civil cases, negligence must be proven by preponderance of probabilities, not beyond reasonable doubt, establishing liability for compensation.
The main legal point established is that the defendants were jointly liable for maintaining the electricity lines under the Fatal Accidents Act, and the importance of conducting inquiries after such ....
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