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RAJNESH OSWAL
Sham Dev Singh – Appellant
Versus
State of Jammu And Kashmir – Respondent
JUDGEMENT
1. The hands of the poor villager are his earning tools and if they are lost in an accident/incident, his earning capacity would be reduced to zero and he would either starve or turn beggar, if not supported by the family or the State.
2. The petitioner, who was of five years of age, while playing on the roof of his house, came in to contact with the 11 KV high tension wire, which was passing through the roof of his house, due to which he suffered serious injuries resulting into amputation of both of his arms. It stated by the petitioner that height of the wires was only around 4 feet from the roof of his house and this fact was already brought to the notice of the respondent No. 3 by one Nazir Ahmad, who was also residing in the same vicinity. The said application was forwarded to the Executive Engineer, Power Development Department for taking immediate steps for the safety of the people but no action was taken by the respondents.
3. The factum of electrocution suffered by the petitioner was also recorded in the daily dairy of Police Station, Budhal on 25.02.2017 (Annex
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 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 wide amplitude of power conferred upon the High Court under Article 226 of the Constitution and the principles governing assessment of compensa....
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....
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 ....
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