Excelsior Correspondent
SRINAGAR, July 3: High Court while granting the compensation to the next of kins of a man who died due to electric shock said, the maintenance of electric supply live lines is the duty of the concerned department.
The Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar has modified the judgment of writ court to the extent of quantum of compensation but has held the department responsible for the incident which the court said has taken away a precious life of a person.
This appeal was filed by the Government of Jammu and Kashmir against judgment dated 09.09.2022 whereby the writ court had allowed the petition of the next kins of deceased Nazir Ahmad and awarded a sum of Rs.24,30,000 in favour of kins of deceased along with interest @ 6 percent per annum from the date of filing of the petition.
The judgment of writ court was challenged by the Government on the quantum of compensation by contending that the writ court has not followed the guidelines for computing the compensation as laid down by the Supreme Court.
The DB held that the writ court has rightly concluded that the accident which consumed the life of the deceased was attributable to the negligence of the appellant-department. “The maintenance of electric supply live lines is the duty of the appellants and more particularly when the appellants are dealing with such hazardous activity. The negligence in the accident that happens in relation to such activity has to be presumed”, DB recorded.
Insofar as the quantum of compensation is concerned, the bench opined that the writ court has erred in computing a just and fair compensation payable to the respondents. Admittedly as is reflected in the post mortem report the age of the deceased was 45 years and in absence of any other proof on record the same should have been taken as a basis for working out the compensation to be paid to the respondents.
Apart from concurring with reasoning given by the writ court with regard to the negligence of the appellant-department, the DB said the manner in which the accident is stated to have taken place, coupled with the report of investigation conducted by the police clearly indicates that there was negligence on the part of the appellant-department in maintaining the electric supply lines.
The DB has modified the compensation awarded by the writ court to the extent of Rs 11,20000. “The total amount that shall be payable to the respondents would be Rs 11,20,000. This amount shall be payable with an interest @ 6 percent per annum from the date of filing of the petition, till its realization as is provided by the learned writ Court. The compensation shall be paid to the respondents in equal share”, DB clarified.
On 24.07.2013, 11000 KV live electric supply line accidently fell on the head of one deceased-Nazir Ahmad resulting in his on spot death.
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