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| HC upholds Rs 3.25 lakh compensation to minor girl electrocuted by low-lying PDD wire | | |
Early Times Report
JAMMU, Sept 28: The High Court of Jammu & Kashmir and Ladakh has upheld an award of Rs 3.25 lakh compensation with 8 per cent annual interest in favour of a minor girl who suffered 40 per cent permanent disability after coming in contact with a low-lying electric wire in Poonch.
Justice Shahzad Azeem, while dismissing an appeal filed by the UT Government and officials of the Power Development Department (PDD), upheld the January 18, 2021 judgment of the Principal District Judge, Poonch. The appeal had challenged the compensation awarded to Ravisa Bano, a resident of Sawjian, Mandi.
The Court noted that the girl was a 16-year-old student when she suffered an electric shock while returning home from school, resulting in 40 per cent disability. The trial court had found that the accident occurred due to negligence in maintenance of the electric wires.
The High Court observed that evidence showed the electric wire was hanging at a height of about three to four feet and that the PDD, despite being granted opportunity, failed to lead any evidence in rebuttal.
Justice Azeem held that entities generating, transmitting or supplying high-voltage electricity carry strict liability for harm caused by escape of dangerous electric energy. The Court further observed that the Rs 3.25 lakh compensation was, if anything, on the lower side considering the 40 per cent permanent disability suffered by a minor student.
Accordingly, the PDD's appeal was dismissed and the compensation award was upheld.
(JNF) |
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