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RAJ MOHAN SINGH
Punjab State Power Corporation Limited – Appellant
Versus
Permanent Lok Adalat – Respondent
JUDGMENT
Raj Mohan Singh. J. (Oral) - The case has been taken up for hearing through video conferencing.
2. Petitioners have assailed the order dated 02.06.2016 passed by Permanent Lok Adalat (Public Utility Services), Moga vide which the amount of compensation to the tune of Rs.1,50,000/- has been awarded in favour of respondent No.2.
3. Respondent No.2 filed a petition under Section 22-C of Legal Services Authorities Act, 1987 for recovery of an amount of Rs.5,90,000/- on account of death of animals by burning and towards negligence, harassment and mental tension caused to respondent No.2.Respondent No.2 was doing dairy farming and had kept animals in a portion/wooden shed adjoining to his house. On 08.05.2015, respondent No.2 had gone to Moga for purchasing household articles and cattle feed. At about 2.30 PM, Jasbir Singh informed him telephonically that due to electric spark from a pole, remainder of wheat crop of Gurcharan Singh kept for preparing toori kept fire and also his wooden verandah. Thereafter, respondent No.2 rushed down to the place and found that seven animals were burnt due to fire. One buffalo 6 years old, one cow H&F and one female calf 3 months old were found de
The Court applied the principle of preponderance of probability/evidence and considered the weather conditions to support the occurrence of the fire incident caused by the electric spark.
The court established that compensation claims for electrocution are not within the jurisdiction of the Permanent Lok Adalat as they do not concern the supply of electricity.
The court emphasized the importance of evidence in establishing negligence and relied on the statutory provisions of the Electricity Act, 2003 to support its decision.
The main legal point established in the judgment is that the application under Section 22 C of the Legal Services Authorities Act, 1987 was not maintainable for claiming compensation for electrocutio....
The main legal point established in the judgment is the court's authority to deem an award null and void if passed without proper authority and jurisdiction, and the application of the Electricity Ac....
A second appeal is not maintainable under Section 102 of the CPC when the subject matter involves a claim for recovery of money not exceeding Rs. 25,000.
The main legal point established is that negligence in the maintenance of electric lines, leading to injury and permanent disability, can result in liability under the Electricity Act, 2003. Addition....
The court can award interim compensation for injury due to electrocution under public law jurisdiction; full compensation requires evidentiary assessment in a competent court.
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