LAWS(J&K)-2010-4-12

SUPERINTENDING ENGINEER ELECTRIC DIVISION Vs. REYAZ AHMAD SOFI

Decided On April 16, 2010
SUPERINTENDING ENGINEER, ELECTRIC DIVISION Appellant
V/S
REYAZ AHMAD SOFI Respondents

JUDGEMENT

(1.) Principal District Judge, Baramulla, vide judgment dated 23.08.2007 held Respondent entitled to receive the amount of Rs. 3.10 lacs as damages with interest at the rate of 9%. The Respondent had instituted civil original suit seeking damages from Appellants on multiple grounds. On the fateful day viz. 08.03.1998, Respondent suffered severe electric shock near village Johama, on account of alleged negligence of the Appellants. The Respondent was admitted in Bones and Joints Surgery-Hospital, Barzalla, Srinagar, and his right arm was amputated, consequently, Respondent suffered permanent disability. The trial Court, accordingly, decreed the suit in the aforementioned amount after recording a finding that the Respondent had proved the case.

(2.) This appeal is filed by the Appellants. In the caption of appeal as also in the prayer clause, it is prayed by the Appellants that judgment dated 23.08.2007 passed by the learned Principal District Judge Baramulla be set aside. The Appellants did not challenge the decree.

(3.) Notice has not been issued in this appeal as on date for the reason that Mr. Syed Manzoor, learned Counsel appearing for Plaintiff-Respondent has raised objections about the maintainability of the appeal.