HANIFA BANO Vs. STATE OF J&K

JUDGEMENT

(1.) ABDUL Jalil, aged 20 years, a shepherd by occupation, died of electrocution on 23.03.2009 at Village Dusanoo of Tehsil Reasi, on coming in contact with an electric Pole of the Power Development Department of the State Government, which was carrying high voltage electric lines, when he was moving there alongwith his herd of sheep and goats.

(2.) HIS widow, Hanifa Bano, father, Abdul Rehman, mother, Bibi, besides his minor sisters Malkan, Zahida Bano and Parveen Akhter and twelve years ' old brother- Shabir Ahmed have approached this Court claiming compensation of Rs.9,31,500.00 (Rupees nine lac thirty one thousand five hundred) for his death from the State Government and its functionaries in the Power Development Department. Contesting their liability to pay compensation for the death of Abdul Jalil, the Staterespondents question the determination of their Claim by this Court in exercise of its Extra Ordinary Writ Jurisdiction. They, however, do not dispute that Abdul Jalil had died because of electrocution. According to them, the cause of electrocution was puncturing/ bursting of Pin Insulator because of sudden fault appearing in the transmission of electricity as a result whereof Phase-I Dusanoo Tap of 11 KV Mahadev Feeder came in contact with the cross arm of HT Pole thereby energizing the Pole with which the deceased came in contact.

(3.) HEARD learned counsel for the parties and considered their submissions.