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| 13 years after electrocution, woman’s family gets Rs 5.76 lakh relief | | COURT DIRECTION | | EARLY TIMES REPORT
JAMMU, Oct 11: In a landmark judgment, Justice JP Singh of J&K High Court, Jammu Wing, today came to the rescue of the family of the deceased, who was electrocuted in the year of 1995 and awarded compensation to the tune of Rs 5.76 lakhs along with interest @ 7.5% PA from the date of the filling of writ petition.
Petitioner Mushtaq Ahmed submitted that his wife Rani, who was passing through a thoroughfare at village Kartholi of Tehsil Samba, on October 14, 1995, came in contact with the snapped 11 KV Aerial line and got electrocuted. The petitioner along with his three daughters filed this petition seeking direction against the respondent state and its functionaries in the Power Development Department to pay them Rs 6 lakhs along with interest @ 18% PA as compensation for the death of Rani.
Justice JP Singh, in the approved for reporting judgment, after hearing Adv Navneet Dubey appearing for the petitioner and Shaista Hakim Deputy Advocate General appearing for the State and PDD, referred various judgments and observed that the respondents are liable to compensate the petitioners for the death of Rani who had been electrocuted because of snapping of Aerial transmission lines laid over a thorough fare at Kartholi. On the question of quantum of compensation, Court said that Rani's age at the time of her death is recorded as 26 years in the post-mortem report. Had she died in Motor Vehicular Accident, heirs would have been entitled to compensation u/s 163-A of the MV Act without proof of negligence of on behalf of the driver and further said that the Court does not find any justification and rational in refusing to consider cases of compensation arising out of the electrocution of the victims for no fault of theirs. Petitioner's case for compensation needs to be considered for assessment of compensation on the basis of structured formula u/s 163-A of MV Act and the respondents are held liable to pay 5, 76, 000 along with interest @ 7.5% PA from the date of filling of writ petition as compensation to the petitioners for the death of. Rani who had been electrocuted on October 14, 1995 at Kartholi. (JNF) |
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