STATE OF J&K Vs. PARBAT SINGH

JUDGEMENT

(1.) Appellants, State of Jammu and Kashmir and others, impugn in this Civil First Appeal the judgement and decree dtd. 31/5/2007, passed by the Court of Additional District Judge, Ramban (for short 'trial court') in a Civil Suit bearing File no. 01/Civil Sh. Prabat Singh and others v. State of J&K and others, directing the appellants, State of J&K, to pay to the respondents herein compensation in the amount of Rs.2,29,000.00 along with 9% interest pendent lite and 6% thereafter till realization of decretal amount, on the grounds made mention of therein.

(2.) A civil suit, as is coming forth from perusal of the file, was filed by respondent no.1, being the natural guardian of respondents nos.2 to 5 for recovery of Rs.5.00 lakhs as compensation, averring therein that Smt. Chinar Devi - wife of respondent no.1 and mother of respondents 2 to 5- on14.04.2001 while climbing a pear tree to pick up fruit for her personal consumption, got electrocuted in Village Inyar coming in contact with High Tension Electric Line touching the said tree. It is the case of the respondents (plaintiffs) that the deceased died due to negligence of the appellants as the Electric Department had fixed the High-Tension Line in village Inyar ignoring the specifications and standing instructions for the erection of the High-Tension live lines.

(3.) Appellants, State of Jammu and Kashmir, resisted the plaint of respondents before the Trial court on the ground that high-tension line in question exists on the same route for more than thirty years, having adequate ground clearance and trees are also at adequate distance and, thus, it was denied that 11 K.V. line was touching the trees. However, appellants admitted the accident but denied that they are liable to pay compensation.