JAMMU AND KASHMIR HIGH COURT
S. K. Sinha, J
Haneefa Bano v. State of J. and K. and Others
| Table of Content |
|---|
| 1. incident leading to claim for compensation due to electrocution. (Para 1) |
| 2. legal basis for writ jurisdiction invoking compensation. (Para 4 , 5) |
| 3. court's authority to decide on merits without a disputed fact. (Para 21 , 22) |
| 4. assessment of compensation based on loss of earning capacity. (Para 24) |
1. This Letters Patent Appeal is directed against the judgment of learned single Judge passed on July 21st, 1995 in Writ Petition No. 2488/94. The petitioner, who is an illiterate girl of 16 years of age, filed the writ petition against the respondents seeking the indulgence of the writ Court under Art.226 of the Constitution of India for the direction to the respondents by way of writ of Mandamus to pay compensation of Rs. 4.50 lacs to the petitioner for committing negligence in maintaining the electric high tension line passing through the fields, including the small piece of Rice growing land belonging to the father of the petitioner. It is alleged that in the month of September, 1992, while the petitioner along with her father and some others were harvesting Rice crop in their field, petitioner suddenly came in contact with a high tension live electric wire which ha
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