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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ANIL KUMAR JUKANTI
Kandukuri Rama Krishna – Appellant
Versus
State of Telangana Represented by – Respondent
| Table of Content |
|---|
| 1. writ petition and prayer for compensation. (Para 1 , 2) |
| 2. accidental deaths of minors due to negligence. (Para 3 , 4 , 5) |
| 3. state's liability under apathbandu scheme. (Para 7 , 8 , 18) |
| 4. judicial precedence on compensation. (Para 10 , 11 , 17) |
| 5. need for safety measures highlighted. (Para 12 , 15 , 16) |
| 6. court's order for compensation payment. (Para 22 , 23) |
ORDER :
1. This writ petition is filed with the following prayer:
“… to issue an order or direction more particularly one in the nature of Writ of Mandamus
a) Direct the respondent No.1 to 10 to pay the exgratia amount/compensation amount of Rs.2,00,000/- to each of the dependent family in lieu of the untimely death of their minor sons by name Kandukuri Venkatesh, Kandukuri Venu and Ravula Narasimha Rao all aged 8 years at the time of death on 23.01.2011 at Kinnerasani Project (L.F. Head Sluices), Paloncha due to the gross negligence of the respondents
b) To direct the respondents to provide Luskar job to each of the dependent family besides.
c) Directing the respondents to initiate case, against the erring employees of Kinnerasani Project (L.F. Head Sluices), Paloncha who were responsible for the the untimely deat
The State is vicariously liable for negligence resulting in the deaths of minors due to lack of safety measures, warranting compensation to their families.
The court established that the principle of res ipsa loquitur applies in cases of State negligence, allowing for compensation claims without needing to prove fault.
The liability of the respondents under the Electricity Act for negligence in maintaining electric wires and the entitlement of the petitioners to compensation.
The State is vicariously liable for compensation due to negligence in ensuring the safety of children in schools, as established under Article 226 of the Constitution.
The main legal point established in the judgment is the differentiation between civil and criminal negligence, emphasizing the entitlement of the claimants to seek further compensation despite receiv....
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