JOGINDER SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) Above captioned three appeals involve three different incidents causing two deaths and injuring one. In this regard three different writ petitions were filed before the learned Writ Court for compensation, which have now been dismissed vide three different orders, but solely on the ground that they involve disputed questions of fact and such cannot be adjudicated upon in writ jurisdiction in the light of the judgment handed down by Hon'ble Apex Court in case S.D.O. Grid Corporation of Orissa Ltd. and Ors. v. Timudu Oram, 2005 AIR(SCW) 3715 (for short hereinafter to be referred as SDO Grid Corporation). Therefore, all these three appeals have been clubbed together for disposal.

(2.) Even for deciding the main issue with regard to the maintainability of the writ petitions, we have to look at the facts of each individual case, which, in brief, are thus:

(3.) It is pleaded that on 11.04.2002, he was passing through land of one Dharam Singh S/o Sh. Kanshi Ram, where an electric pole was installed by the State Electricity Department (Respondent), in which electric current was passing. He incidentally touched that pole and got electrocuted, as a result thereof, received severe burn injuries, which ultimately resulted into amputation of his right hand from elbow. He has claimed Rs. 12 lacs as compensation. Alongwith the main petition, he has attached certain documents with regard to his medical treatment etc.