STATE OF J &K Vs. CHUNI LAL

JUDGEMENT

(1.) Appellants-writ Respondents have moved this limitation petition for condoning the delay of 174 days which has crept-in in filing the Letters Patent Appeal against the judgment and order dated 14.07.2008 passed by the Writ Court in OWP No. 308/2002 titled Chuni Lal and Ors. v. State and Anr. on the grounds taken in it.

(2.) Letters Patent Appeal is directed against the impugned judgement whereby and whereunder compensation to the tune of Rs. 2.00 lac came to be awarded along with interest @ 7.5. % from the date of filing of the petition till its realization on the grounds that the Respondents-writ Petitioners are the husband and minor daughters of Mrs. Kailasho Devi who was electrocuted due to live electric wire which had fallen resulting in immediate death of the said lady because of burn injuries.

(3.) The Respondents-writ Petitioners filed writ petition before the writ Court and claimed compensation. Chief Judicial Magistrate, Udhampur was directed to conduct an enquiry in the matter, who after conducting the same held that death of said Kailasho Devi was the outcome of rash and negligence of the Appellants-writ Respondents and also made recommendation for awarding compensation. Accordingly, writ court considered the matter and passed the impugned judgment.