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| HC directs PDD to pay Rs two lakh along with interest to petitioners | | House wife electrocuted of snapping transmission line | | Early Times Reporter
Jammu | July 20
Justice JP of J&K High Court at Jammu Wing in a petition seeking compensation for the electrocution of wife of the petitioner had directed Power Development Department to pay Rs 2 lakhs along with interest @ 7.50 percent per annum.
This direction has been passed in a petition filed by the husband and minor daughters of Kailasho Devi who had been electrocuted on November 14, 2000 in the compound of her house at Village Nagulta Tehsil Chenani when a live electric wire laid by the respondents over the house of her compound for the carriage electricity, had fallen resulting in her instantaneous death. The petitioners had sought compensation of Rs. 2 lakhs which was rejected by the concerned authorities.
Denying their liability to compensate the petitioners, the Chief Judicial Magistrate
Udhampur, was directed to hold an enquiry in the matter. CJM after going through the evidence in detail came to the conclusion that the respondents were guilty of carelessness and negligence.
Justice Singh, after hearing Sr. Adv UK Jalali and Adv MM Gupta appearing for the petitioners and Deputy AG Shaista Hakim appearing for the electric department, observed that in view of the detailed enquiry conducted by the CJM and his coming to the conclusion that respondents’ were guilty of carelessness and negligence as due care and caution had not been taken by them for maintenance of electric wire passing over compound of the house of the petitioner. Court is not inclined to agree with the submission of the counsel for the state that the initial dispute between the parties as to because of whose negligence the transmission wire had snapped and resulted in Kailsho Devi's electrocution, still subsists because the enquiry held by CJM sets at rest, the controversy which had initially been raised by the respondent in the petition. The case projected by the respondents that the transmission line had snapped because of petitioner's fiddling with the electric wire to get illegal electric supply has not been proved before the enquiry officer by the respondents by producing any cogent and reliable evidence.
Justice Singh while allowing the petition observed that petitioner Chuni Lal has been deprived of the company of his wife and rest of the petitioners of the love and affection of their mother. All of them have been deprived of the contribution, the deceased has been making to the family. With these observations, Court allowed the petition and directed PDD to pay Rs 2 lakhs along with interest 7.5% per annum from the date of filling of the petition till its realization. JNF |
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