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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT LADAKH
M.A.CHOWDHARY
Sham Lal S/o Shri Gian Chand – Appellant
Versus
State of Jammu and Kashmir – Respondent
JUDGMENT :
M.A. CHOWDHARY, J.
1. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu & Kashmir, seeking indulgence of this Court for issuance of appropriate writ of mandamus, directing the respondents to pay compensation to the tune of Rs. 71,06,672/-, along with interest @ 9 % per annum from the date of filing of writ petition till the date of realization in favour of the petitioner, on account of 100 % permanent disability suffered by the petitioner, due to his electrocution on 06.09.2012, because of the negligence of the respondents.
2. Briefly stated, the case of the petitioner is that on 06.09.2012 at about 12:30 p.m. while he was present at his shop at Daruie, the local PDD Lineman, namely Bishamber Dass, approached him and requested his assistance in removing a dead bird from a high-tension electric wire; that the petitioner initially declined, but upon the Lineman expressing his inability to do the work, due to a wrist fracture and assuring that the power supply had been disconnected, the petitioner agreed and climbed a ladder to remove the bird. However, on touching the an
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....
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 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....
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.
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 court can award interim compensation for injury due to electrocution under public law jurisdiction; full compensation requires evidentiary assessment in a competent court.
In electrocution cases, strict liability applies, and the plaintiff must only prove injury from electrocution, not negligence of the electricity provider.
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