STATE OF J&K Vs. ZUBIDA BEGUM

JUDGEMENT

(1.) THIS is an ill advised appeal under Clause 12 of the Letters Patent challenging judgment and order dated 08.10.2009 rendered by the learned Single Judge while accepting the claim made by the writ petitioner-respondent-Zubaida Begum. She had lost her son on account of electrocution when she alongwith her son-Riyaz Ahmed were digging the land on 18.10.2001. He came in touch with a live high tension wire and suffered serious injuries which proved fatal. He died on 21.10.2001.

(2.) THE accident of electrocution has not been disputed. Even negligence is proved on presentation of challan against negligent employees after investigation of case FIR no. 80/2001 registered under Section 304- A RPC at Police Station, Mandi Poonch. It shows that on account of negligence and carelessness imputable to the departmental employee, accident has occurred and the petitioner died. The learned Single Judge after recording these findings proceeded to assess compensation and awarded a sum of Rs.2,88,000.00. The view of the learned Single Judge is discernible from the following paras:-

(3.) EVEN otherwise law concerning compensation in cases of electrocution on account of negligence is well settled. In exercise of writ jurisdiction adequate compensation can always be awarded by the Courts if there is no dispute on facts. In the present case the accident is not disputed and negligence has been imputed to the appellant department. Hon 'ble the Supreme Court has repeatedly held that in such circumstances writ Court could always award compensation by treating it tortious liability of the State. In that regard, reliance may be placed on the views of Hon 'ble the Supreme Court expressed in para 2 of the judgment rendered in Parvati Devi and ors. v. Commissioner of Police, Delhi & ors. (2000) 3 SCC 754; Para 10 of the judgment in the case of Tamil Nadu Electricity Board v. Sumathi & ors. (2000) 4 SCC 543 and Para 8 of M. P. Electricity Board v. Shail Kumari & ors. (2002) 2 SCC 162. [Cf. Chairman, Grid Corporation of Orissa Ltd. (GRIDCO) & ors. v. Sukamani Das & anr. (1999) 7 SCC 298.]