Back
RAJNESH OSWAL
Ravi Kumar – Appellant
Versus
State of J&K – Respondent
JUDGEMENT
1. Through the medium of the instant petition, the petitioner has sought the compensation for an amount of Rs. 50.00 lacs on account of injuries suffered by him in an incident of electrocution while performing his duty on the instructions of the respondents.
2. It is stated by the petitioner that he was engaged as a casual labourer by the respondents on consolidated wages of Rs. 3,750/- per month in the month of January, 2012. On 04.07.2012, the petitioner was directed by the Junior Engineer and Foreman to accompany other officials to Supwal to work on 11 KV line. The petitioner and the other employees, namely, Mohinder Singh and Bodh Raj were conveyed by the officers of the Power Development Department that the Department had shut down the 11 KV line for conducting the restoration work. The petitioner was directed by his superior officers to climb the electric poll and cut the fuse so as to accomplish the assigned work of restoration of electric supply. The petitioner claims to have been assured by the employees of the department that the electric supply had already be
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 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.
The principle of restitutio in integrum and the provisions of the Electricity Act were central to the court's decision in awarding compensation for the electrical accident.
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 main legal point established in the judgment is the liability of the respondents to pay compensation for death due to electrocution, based on their negligence in maintaining the electric wires, a....
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....
In electrocution cases, strict liability applies, and the plaintiff must only prove injury from electrocution, not negligence of the electricity provider.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
