ABDUL AHAD Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The plaintiff, a young boy of about 17/18 years studying in 10th class was electrocuted in village Aizam -a -bad (Mandi), Tehsil Haveli of District Poonch and prays for the recovery of Rs. 3,00,000 on account of damages suffered. It is submitted by the plaintiff that on 5.6.1987, when he went to his field for digging maize crop which was sown by his father, he received severe electric shock from the pole installed by the Electricity Department of the defendant State. It is submitted that the officers of the defendant had not taken proper precautions of all the safety measures as a result of which the occurrence took place and in consequence of which the plaintiff was injured who fell unconscious and was rushed to the Government Hospital, Poonch, where he remained admitted till July 21, 1987 and was thereafter referred to S.M.G.S. Hospital, Jammu. The life of the plaintiff was saved, but his right arm and the left leg was amputated as the gangrene was alleged to have developed in the injuries sustained. The plaintiff remained admitted in S.M.G.S. Hospital, Jammu till August 31, 1987.

(2.) HE claims to be the only earning hand of his family on whom the nine members were depending. On account of this mishap in which the plaintiff was seriously injured resulting in amputation of his right arm and left leg, he has been deprived of all the benefits and the virtues of life to which an ordinary man is entitled or enjoys.

(3.) IT is further submitted that the Noccurrence took place on account of mischief played by the plaintiff. After the occurrence, the departmental staff is alleged to have immediately inspected the site of the accident and found that the charged line was intact and there were some burnt hair which could be spotted on the line and there were also foot prints of the child on the pole which revealed that the plaintiff had climbed on the pole and while reaching at the top of the pole, his head touched the 11 KV line resulting in the injuries. It is submitted that the matter was reported besides others to the Inspection Agency of the department which conducted an independent enquiry and came to the conclusion that the accident took place due to the climbing of Abdul Ahad on the pole who received flash from 11 KV HT line and not due to any fault of the department.