STATE OF JAMMU AND KASHMIR Vs. MOHD IQBAL
HIGH COURT OF JAMMU AND KASHMIR
STATE OF JAMMU AND KASHMIR
Click here to view full judgement.
(1.) Decree dated
November 30, 2004, of learned Additional District
Judge, Kishtwar, awarding an amount of
Rupees seven lacs as compensation along
with interest at the rate of 6 per cent till
realization in favour of respondent,
the father of two minor children who
were electrocuted because of short circuit affecting
electric pole installed near an electric
transformer at Bus Stand, Kishtwar, has been
appealed against by the State appellants.
(2.) The case of the respondent plaintiff is
that he is a poor paddler settled in village
Lal Pattan, Kishtwar, who started putting
up in Kishtwar to make his both ends meet.
On July 22, 2000, two children of the
respondent plaintiff, namely Akthar Hussain
and Baby Rozy, were coming towards their
dwelling place, when at about 7 p.m., they
were electrocuted near an electric transformer
at bus stand, Kishtwar.
(3.) An amount of rupees ten lacs was
claimed as compensation under various
heads. The appellants refuted their liability
on the premise that the electric transformer
installed at bus stand had been properly
fenced and was four yards away from the
main road. Even if, it was faulty, the
pedestrians on the main road, would not be
affected unless they fiddle with it.
The appellants claimed that there was no
fault or negligence on their part and that
they were not
liable to pay compensation to the respondent,
as the death of the children had occurred
because of their own act.;
Copyright © Regent Computronics Pvt.Ltd.