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| HC directs state to pay compensation and litigation expenses | | Man hit by electric pole died in 1990 | | Early Times Reporter
Jammu | Mar 5
Justice JP Singh of J&K High Court Jammu Wing today in a people friendly judgment has decided a case of compensation and directed state to pay Rs 1, 96, 452 along with interest @ 9% per annum from the date of filling of petition till its realization and also directed the state to pay Rs 30,000 as litigation expenses.
This landmark judgment passed in a writ petition filed by the wife and children of the deceased who died on November 27, 1990 when he hit by a RCC electric pole on his head at Green Belt, Gandhi Nagar Jammu, which had fallen all of sudden when the officials of the PDD were in the process of its installation. The hit was so severe that Santa Lal Thappa died. The widow, two sons and daughter filed this petition through Adv Ashok Mishra claming an amount of Rs 4 lacs as compensation for the death of their bread-winner.
Court on December 7, 1998 ordered that the case of the petitioner and the objections of the respondents were considered, but pending resolution of the factual issues by the civil court, the petitioners were held entitled to an amount of Rs 50,000 by way of interim compensation.
Justice JP Singh while allowing the petition after 13 years (the petition was filed in the year 1994) and after hearing Adv Ashok Mishra appearing for the petitioners and Deputy AG Mrs. S Hakim appearing for the State respondents observed that court do not find any material on records on the basis the findings recorded by the Additional District Judge Jammu, on facts, may be disputed. There is enough evidence on record to justifying the findings of the Additional District Judge Jammu. Court has no other option except to accept the findings of Additional District Judge Jammu accepting the report of Additional District Judge, it is accordingly held that Santa Lal Thappa had died because of the negligence of the respondents in not taking requisite precautions and sounding alert in the area where the officials of PDD were in the process of installing a RCC electric pole which had broken and fallen all of a sudden on the head of Santa Lal Thappa resulting his death.
While allowing the petition for compensation Justice JP Singh directed respondents to pay an amount of Rs 1, 96, 452, minus the amount already paid by them to the petitioners along with interest @ 9% PA from the date of filling of writ petition till its realization.
In this people's friendly judgment Justice JP Singh observed that respondents, a welfare state, should not have taken so long to provide relief to the petitioners when it had no evidence with it to justify its defense to the petitioner's claim. The respondents have kept the petitioners engaged in unnecessary litigation for more than 13 years. On their success in this petition, the petitioners are held entitled to recover litigation expenses too from the respondents. The litigation expenses Rs 30,000 which shall be paid by the respondents to the petitioners along with the compensation amount, Court held. JNF |
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