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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WASIM SADIQ NARGAL
Arjun Kumar Sharma – Appellant
Versus
State of J&K, Through Principal Secretary to Government, Power Development Department – Respondent
JUDGMENT :
WASIM SADIQ NARGAL, J.
Prayer:
1. Petitioner, through the medium of the instant writ petition, has sought the following relief:
“Mandamus commanding the respondents to make payment of compensation of Rs. 15,00,000/- (Fifteen Lakh Rupees) arising out ofthe unfortunate death of three infants of the petitioner viz. Anu Devi (8 years), Preeti Devi (6 years) and Sunil (3 years), by drowning in unfenced forebay tank of the Chenani Hydel Project at Village Pakhlai, Tehsil and District Udhampur, on 09.06.2008, only because of the lapses of respondents 2 and 4, with further directions to the respondents to make proper safety measures for the public at large inhabiting the area so as to prevent any future untoward incidents.”
Brief Facts:
2. The present writ petition has been filed by the petitioner (father of the deceased children) invoking the extraordinary jurisdiction of this Court seeking compensation for the unfortunate death of his three minor children who allegedly drowned in the forebay tank of the Chenani Hydel Project situated in Village Pakhlai, District Udhampur.
3. It is the specific case of the petitioner that the said forebay tank was left unfenced and without adequate pr
The main legal point established in the judgment is the duty of care owed by State authorities to provide a safe and secure environment for children, and the liability of the State for reparation of ....
The court established that the principle of res ipsa loquitur applies in cases of State negligence, allowing for compensation claims without needing to prove fault.
Private entities performing public functions owe a duty to ensure safety, and failure to implement precautionary measures constitutes negligence under Article 21.
The State is vicariously liable for compensation due to negligence in ensuring the safety of children in schools, as established under Article 226 of the Constitution.
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