Sr. No. 49 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM No. 4173/2023 Union Territory of J&K and others …. Appellant/Applicant(s)

Through:- Mr. Amit Gupta, AAG V/s Radha Sharma …..Respondent/Non-applicant(s)

Through:- Mr. Rajiv Kumar Sharma, Advocate CORAM : HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE HON’BLE MR. JUSTICE MOHAN LAL, JUDGE

ORDER

20.10.2023 CM No. 4173/2023

01. This condonation application has been preferred by the applicants /appellants seeking 73 days’ delay in filing the above titled Letters Patent Appeal.

02. Learned counsel for the non-applicant submits that he has no objection to the application.

03. For the reasons stated in the application coupled with the submissions made at Bar, sufficient cause for condoning the delay in filing the appeal is made out. This application is allowed and 73 days’ delay in filing the above titled appeal is condoned.

04. This application is disposed of as such.

01. This Letters Patent Appeal is directed against the judgment and order dated 01.03.2023 passed in OWP No. 902/2010 titled “Radha Sharma Vs. State of J&K and others” by the learned writ Court, vide which, the writ petition has been allowed and the respondents were directed to pay compensation of Rs.10 lacs to the petitioner on account of death of her young son.

02. The respondent’s thirteen years old son died due to electrocution while working in the agricultural field at Village Pangore. The deceased came in contact with electric wire hanging low between the poles and suffered massive electric shock, which resulted in his death on 22.07.2009. In this regard, FIR No. 05/2010 under Section 304-A RPC was registered with Police Station Gajansoo and challan was also presented against the appellants. The respondent preferred a writ petition bearing OWP No. 902/2010, claiming compensation on account of death of her son, which had occurred due to negligence of the respondents. The contention of the petitioner/respondent herein in the writ petition was that the electricity distribution line and the electric wires were not maintained by the appellants as per the requirement of the Electricity Act and the Electricity Rules, and their negligence resulted in death of her son and, as such, sought compensation for irreparable loss suffered by her due to the negligent and callous act of the appellants.

03. The appellants opposed the contention of the respondent on the ground that they had installed and erected electric poles to provide timelyregular supply of power to the irrigation pumps for facilitating proper irrigation through irrigation pumps. These poles were installed on the request of general public including family members of the respondent. These electric poles were maintained as per the provisions of the Electricity Act and Rules, and appellants denied any negligence on their part. Theappellants, thus, denied the claim of their liability to compensate the respondent on the plea that the death of her son had not occurred due to any negligence on theirpart in maintaining the electricity supply to the area.

04. The learned Single Judge vide the impugned judgment dated

01.03.2023, allowed the writ petition and held the appellants liable for the death of minor son, which had occurred due to their negligence and granted compensation of Rs. 10 lacs in terms of policy for payment of ex-gratia relief vide Government Order No. 454-F of 2019 dated 24.10.2019.

05. The appellants are aggrieved of the judgment on the ground that the learned Writ Court had committed error in entertaining the writ petition, as these disputed facts could only be proved in the civil court. The appellants have not committed any act which would warrant payment of compensation, as there is no negligence on their part. The respondent was, thus, required to be put to strict proof pertaining to electrocution caused by negligence, as such, the appellants cannot be held liable for payment of compensation, otherwise also, the compensation awarded is on the higher side.

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