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JAMMU AND KASHMIR AND LADAKH HIGH COURT
Sanjay Kumar Gupta, J
Gulshan Ara v. State of J and K
| Table of Content |
|---|
| 1. claim for compensation due to electrocution. (Para 1 , 2 , 3) |
| 2. arguments on negligence and maintainability of petition. (Para 4 , 5 , 6) |
| 3. discussion on writ jurisdiction and procedural nuances. (Para 7 , 8 , 9 , 10 , 11) |
| 4. court's statements on negligence and compensation assessment. (Para 12 , 13 , 14) |
| 5. final compensation awarded and rationale for amounts determined. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
1. This writ petition was filed by the petitioner Gulshan Ara, on her own and on behalf of her minor son Kashif Ali petitioner No.2, seeking a writ of mandamus directing Respondents to pay a compensation of Rs.25.35 lacs along with interest @ 12% per annum to the petitioner, on account of death of her husband - Liaqat Ali (hereinafter 'deceased' for short), due to electrocution, when he came in contact with live fallen down electric wire, near TCP Nagrota on 03.12.2003 at about 5:00 AM, and met the fatal electrical accident.
2. It is being asserted that deceased Liaqat Ali was serving in J and K Police as Selection Grade Constable and was posted on National Highway in Traffic Police; that on 03.12.2003 at about 5.00 AM, when husband of petitioner No.1 an
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