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SANJEEV KUMAR, RAHUL BHARTI
State of J&K – Appellant
Versus
Manjeet Kour – Respondent
| Table of Content |
|---|
| 1. factual background of the claim (Para 1 , 2) |
| 2. appellants' arguments against compensation ruling (Para 3) |
| 3. court’s observation on negligence and liability (Para 4 , 5 , 7) |
| 4. establishment of strict liability for hazardous activities (Para 6 , 8 , 10) |
| 5. final judgment and modification of compensation (Para 9 , 11) |
JUDGEMENT
SANJEEV KUMAR, J.
1. This intra Court appeal by the then State of Jammu & Kashmir (now UT of Jammu & Kashmir) and four others is directed against the judgment dated 01.02.2017 passed by the learned Single Judge ["the Writ Court"] in OWP No.192/2004 titled Manjeet Kour and others v. State of J&K and others. In terms of the judgment impugned, the respondents herein have been held entitled to a lump sum compensation of Rs. 11,50,000/- minus a sum of Rs. 50,000/-, already granted by way of interim compensation, along with interest @ 7.5% to be apportioned among the respondents as per the detail given in the judgment itself.
2. Before we advert to the grounds of challenge urged by the learned counsel for the appellants to assail the judgment impugned, we deem it appropriate to give brief factual background leading to the filing of this appeal.
Predecess
Strict liability applies to inherently dangerous activities, and negligence must be established for compensation claims.
The main legal point established in the judgment is the liability of the respondents under the Electricity Act for negligence in maintaining the power supply and power lines, and the principles of re....
Electricity providers have a strict liability to maintain safety standards, and failure to do so resulting in harm establishes negligence.
The main legal point established in the judgment is the principle of strict liability, holding the respondents absolutely liable to compensate for the death caused by their negligence in maintaining ....
The main legal point established in the judgment is the duty of authorities to prevent mishaps related to electricity transmission lines, and the liability of the supplier of electric energy in cases....
The primary liability for compensation in cases of electrocution lies with the electricity supplier when negligence in maintaining safe electrical infrastructure is established, regardless of the vic....
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 ....
Electricity suppliers are strictly liable for injuries resulting from their installations, irrespective of negligence, highlighting the burden of proof rests with them in cases of electrocution.
Electricity providers are strictly liable for accidents caused by negligence in maintaining infrastructure, with compensation calculated based on the deceased's earnings and family dependency.
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