STATE OF PUNJAB AND ORS. Vs. SUBHASH

JUDGEMENT

(1.) The State of Punjab has preferred this Letters Patent Appeal against the order dated 06.02.2014 whereby learned Single Judge has awarded the compensation of Rs. 15,61,392/- to the respondent due to the unfortunate death of his two sons aged 18 years and 20 years who died on 11.08.2002 in a drowning incident at the Jayanti dam constructed by the Irrigation Department (Kandi area) Punjab.

(2.) The facts are broadly admitted. The first respondent at the relevant time was working as Sweeper (Safai Karmchari) in the Municipal Corporation, Chandigarh. He had two children both sons Master Sumeet and Master Amit aged 18 and 20 years, respectively. While Sumeet was studying in BA 2nd year and was also doing Diploma in Computer Course, Amit was working as Ward Boy in Inscol Hospital with a salary of Rs. 1500/- per month.

(3.) Eleven boys of Kumhar Colony including both the sons of the respondent went to Jayanti Majri Mandir for picnic on 11.08.2002 at about 12 noon where an earthen dam known as Jayanti Dam has been constructed by Irrigation Department (Kandi). Both sons of the respondent died due to drowning in that dam. The post mortem conducted in the General Hospital, Sector 16 Chandigarh on 12.08.2002 clearly mentioned that the cause of death was Asphyxia due to drowning and was sufficient to 'cause death in ordinary course of nature'. No external injury was found on the bodies.