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.

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 been snapped and there was no electric energy in the above stated 11 KV Ariel line. Thereafter, the petitioner climbed the poll to do the job on 11 KV line and when the petitioner attempted to cut the fuse of said 11 KV Ariel line, he received the electric shock as the said line was alive and carrying electric energy/supply. The petitioner fell down and received severe injuries as well as an amputation of above elbow left upper limb. FIR was also registered in that regard. The petitioner claims to have approached the respondents for grant of compensation. Accordingly, when his request was not acceded to, the petitioner approached this Court through the medium of this petition, on the ground that because of the negligence of the respondents by not cutting the electric supply to the 11 KV Ariel line, the petitioner received an electric shock resulting into an amputation of left arm, due to which the petitioner has suffered permanent disability of 65%. The injury has incapacitated the petitioner to earn his livelihood and enjoy his life. Besides, the petitioner has lost the prospect of marriage and amenities of life.

3. The respondents have filed the response stating therein that disputed questions of facts have been raised by the petitioner, which cannot be adjudicated through the medium of writ petition. It is further stated that the Jammu and Kashmir Government has come up with a policy for grant of ex-gratia amount in such cases of electrocution, where the Government grants ex-gratia relief in the case of death and disability arisen due to the negligence of the department. It is further submitted that the petitioner has not submitted any document to assess his case for compensation under rules. It is further averred that the petitioner has claimed an exaggerated amount of Rs. 50 lacs which cannot be granted to him. It is further stated that as per the statement of then J.E., one labourer Ravi Kumar engaged for day today works got electrocuted near Supwal while working on 11 KV Old Janipur feeder at 9 AM (approx.) on 04.07.2012 and he was immediately shifted to District Hospital, Samba. It is further averred that the shut down had been taken by the concerned Junior Engineer as per log book.

4. Mr. Vipan Gandotra, learned counsel for the petitioner has submitted that the respondents cannot wriggle out of their liability to compensate the petitioner by simply taking refuge under the plea that disputed questions of facts are involved, particularly when they have