JUDGMENT

GIST

1. This writ petition is filed by the Petitioner seeking an appropriate writ of mandamus directing Respondents to pay a compensation of Rs. 20 Lacs along with interest to the petitioner.

PRIMARY FACTS

2. The case of the petitioner is that her son, Vishal Sharma lost his life due to electrocution when exposed to live electric wire hanging between the poles at the height of 3 to 4 ft. from the ground. This Act was totally attributable to the negligence of the Respondents. It is the specific case of the Petitioner that the matter was brought to the notice of Respondents, the Electricity Department and a request was made to straighten the electric lines/service lines and maintain the height at safe and required height in terms of Electricity Act and Rules framed thereunder, so that no one may come in contact with the live wires, however, needful was not done to rectify and remove the defects by straightening the electric wires by keeping them at safe height, as a consequence of which, the son of the Petitioner died.

3. It is stated that the Petitioner‟s son was only 13 years old and was a brilliant student who had secured 88% marks as per the School Certificate and was studying at Jagriti Mission School, Talab Tillo, Jammu and had a very bright future ahead of him. However, due to the carelessness and negligence of the Respondents, the Petitioner lost her son at a very young age.

4. It is stated that Petitioner‟s, Son Vishal Sharma was on a visit to his maternal uncle‟s home. On 22-07-2009, while he was working in the village Panghor in the agriculture field, he came in contact with live electric wires hanging at the height of about 4 to 5 ft. above the ground level and suffered a massive electric shock and injuries on his neck. Consequently, he was shifted to Government Medical College Hospital, Jammu but as a result of the aforesaid electric shock, he died. The same is reflected on perusal of the post-mortem report conducted by GMC, Jammu.

5. In this context, FIR Bearing No. 05/2010 under section 304-A RPC has been registered against Respondents on 07-01-2010 at Police Station Gajansoo, Jammu.

SUBMISSIONS OF THE PETITIONER

6. The learned counsel for the Petitioner has vehemently argued that the Son of the Petitioner has died due to the negligent acts attributable to Respondents who failed to maintain the electric wires as provided under the provisions of the Electricity Act and Rules framed thereunder and thus, the state is under legal obligation to compensate the Petitioner because due to their negligent Act, a precious human life was lost. The Learned Counsel for the Petitioner has vehemently argued that the state is under legal obligation to protect the life of its Citizens. It is further submitted that the state and its functionaries have failed to discharge the constitutional and statutory obligations by not taking requisite safety measures and as a consequence of which, precious life of a young son of the Petitioner has been cut short and accordingly, the erstwhile State of Jammu and Kashmir, now, Union Territory is under obligation to compensate the Petitioner by way of damages.

7. It is submitted, though Respondents have stated in their objections that the height of the wires at the relevant point of time was 15 ft, however, Learned Counsel of Petitioner has filed rejoinder affidavit to the objections filed by the Respondents and in the rejoinder affidavit at Para No. 2, it has been stated that challan in FIR, supra has been produced before the competent court of law and as per investigation conducted by the Investigating Officer, it has come to fore that the wires were at the height of 4 to 5 Ft. above the ground level and not 15 ft. at relevant point of time. Thus, the stand of the Petitioner stands vindicated. It is further submitted that it is practically impossible that the boy who was of 13 years of age will contact electric wire which is at a height of 15 ft as per the stand of the Respondent.

SUBMISSIONS OF