STATE OF JAMMU AND KASHMIR Vs. ZARDA BEGUM

JUDGEMENT

(1.) THE Rural Electric Maintenance Division, Rajouri (hereinafter referred to as the department) had installed a high tension electric wire. This was fixed to the wall of the house of Ghulam Mohd. This was also touching over-hanging branches of a tree. These branches were also touching the roof of the house of the aforementioned Ghulam Mohd. The further fact is that on the night intervening 25th and 26th July, 1983, there was a heavy rain-fall. In the morning when the aforementioned Ghulam Mohd. went to roof to attend the call of nature, he suffered a severe electric shock from the high tension electric wire. The electric shock resulted in his death. Post-mortem was conducted. An opinion was expressed that the death was due to the electric shock suffered by the deceased Ghulam Mohd. A suit for damages was filed. This was filed by the widow and the minor children of the deceased Gh. Mohd. Damages were sought to the extent of Rs. 21,75,218/-, it was pleaded that it was on account of the negligence of appellant Electric Department, the electric current passed through the building and the resultant death of Gh. Mohd. took place. Notice under Section 80 of the Code of Civil Procedure was served. Thereafter trial was conducted. The issues which were framed are as under:

(2.) PLAINTIFF Mst. Zarda Begum appeared in the witness box. It was stated that Gh. Mohd. was serving as an Assistant Sub-Inspector in the Police Department, on 25th July, 1983, the deceased, it was stated he had come to Rajouri in connection with some official duty and has stayed at his house. It was stated that during the night intervening 25th and 26th July, 1983, there was heavy rainfall. On 26th July, 1983, in the morning when. Gh. Mohd. went to the top of his house to answer a call of nature, he was electrocuted. It was stated that when he went to the roof, there was no electricity. However, in the meanwhile, the electric lines were energized and on account of the electric shock, he fell unconscious. Some neighbourers reached on the spot; the electric shock was responsible for the death of Gh. Mohd. It was further pleaded that the house was constructed after obtaining permission from the Notified Area Committee. It was also pleaded that two years prior to the occurrence, the Electric Department has installed electric wires near the house of Gh. Mohd. The fact that an Assistant Engineer in the Electric Department had checked the location and has stated that construction can be made was adverted to. It was also stated that a no objection certificate was obtained from the Electric Department. It was further pleaded that the electric wires were touching the roof top of the house of the plaintiff and also some branches of a tree and in this manner, the electric current passed through roof of the house of the plaintiff and was s responsible for causing death of Gh. Mohd. To the same effect was the statement of P.W. 2 Mohd. Azam and one Haji Abdul Rashi, P.W.-3.

(3.) THE factors which were taken note of by the Trial Court for granting compensation are: