Excelsior Correspondent
Srinagar, July 28: High Court today directed the Government to deposit an amount of Rs 2 lakhs with the Registrar Judicial High Court within three weeks as grant of interim compensation for the girl who died due to electric shock.
“Prima facie a case for grant of compensation is made out. Accordingly respondents 1 to 5 are directed to deposit an amount of Rs 2 lakhs within a period of three weeks from today before the Registrar Judicial of this court and file the reply within the same period”, directed Justice Ali Mohammad Magrey while hearing a petition filed by the parents of a 12-girl who was electrocuted due to negligence of Power Development Department (PDD).
“In case they fail to deposit the amount in the court then in such eventuality, they (PDD) shall remain present in person on the next date explaining the failure of depositing the amount”, the court directed.
Court also directed the authorities to ensure that effective measures are taken to protect the lives and properties of the citizens as regards the incidents taking place on account of non- maintenance of electric system as has been reported in the report of the Executive Engineer.
“An affidavit shall be filed indicating therein the mechanism in place to preventing such incidents in the State”, court added.
A 12 year old school going girl was electrocuted when she came in contact with live snapped 6.6KV Power Line at Wuyan area of Pampore in October 2011 and a case under FIR No. 164/2011 for the commission of offence under Section 166/304-A RPC was registered in Police station Pampore.
After hearing the petitioner counsel who submitted that the accident caused due to the negligence of the state authorities, therefore they are duty bound to pay compensation to the petitioners and in support of his arguments he referred the report of EE of the concerned division shows that the negligence on part of the Electric Department is proved.
“Cases of a nature like the one projected in the instant petition should not ordinarily require the judicial intervention but should be dealt with at the administrative level only as it does not behove the authorities to humiliate or ill treat the people who have suffered because of their negligence only. Such a course leaves a very bad mark on the state of affairs”, court observed while passing the order of compensation to the next kin of victim.
Court said that no monetary benefit can compensate the loss suffered in the accident as there is no substitute to human life. The accident in question has not only snatched a child from the parents but it has also dashed to the ground all the dreams and plans that they had for her child.
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