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HC directs PDD to pay compensation to tune of Rs 3.50 lakh
Death by Electrocution
8/8/2012 12:35:26 AM
Early Times Report
JAMMU, Aug 7: (JNF):- In a peoples' friendly judgment State High Court today directed the PDD to pay compensation Rs 3,50,000 along with interest @7.5% per annum to the petitioners from the date of filling of petition in a case of electrocution in which a 20 years Youngman had died .According to the petition, the petitioners Ganesh Dass aged 20 years, their son, was sleeping in a tent at Ram Nagar Migrant Camp Bomal situated in Tehsil Akhnoor on February 22, 2001 when the Transformer installed by the Power Development Department of the State Government near the tent caught fire and 11 KV Electric Line carrying high voltage electric energy dropped at the tent hitting severely, sleeping Ganesh, who sustained severe burn injuries to which he succumbed at Sub District Hospital, Akhnoor. Attributing Ganesh's death to the State Government's negligence in not employing safety devices and taking measures, requisite for ensuring that high voltage energy did not escape and caused damage and loss that it had the potential so to do, the petitioners have filed this Petition seeking compensation for the death of Ganesh, the sole bread winner of the petitioners' family. Justice JP Singh of Jammu & Kashmir High Court Jammu Wing today after hearing Adv DK Bangotra appearing for the petitioners whereas Adv GS Thakur appeared for the PDD, observed that In this view of the matter, the plea projected by the State-respondents denying their liability to compensate the petitioners for the death of their son cannot be accepted, for, dealing in the supply of electric energy, admittedly a hazardous activity, the State and its functionaries were bound to take requisite safety measures to ensure that there was no escape of the energy that may cause damage. It was required to install such safety devices which would automatically stop flow of electric energy even in case of force majeure avoiding loss of life and property. The omission of the Power Development Department of the State Government in not taking requisite safety measures has deprived the petitioners of their son and of their dependence on his income. The State is, therefore, liable to compensate the petitioners. With these observations Court held that the petitioners are entitled to compensation of Rs.3, 50,000/- (Three lac fifty thousand only) which includes compensation for loss of estate, love and affection and funeral expenses.
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