UNION TERRITORY OF J&K Vs. RANI GUPTA

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment dtd. 17/3/2021 passed by the learned Single Judge in OWP No.975/2008, whereby the learned Single Judge while allowing the petition, held that the writ petitioners are entitled to compensation of rupees ten lacs on account of death of one Vijay Kumar Gupta, i.e., husband writ petitioner No.1, father of writ petitioners 2 and 3 and son of writ petitioner No.4.

(2.) The facts, as gathered from the writ file, are that one Vijay Kumar Gupta, husband of writ petitioner No.1, a shopkeeper by profession, died on 1/9/2008 due to electrocution by high intensity electric line, which had fallen down on the pathway when he went to morning walk in the park alongside the bank of canal at Rajpura Chungi, Jammu. Accordingly, FIR No.139/2008 was registered at Police Station, Nowabad, Jammu under Sec. 304-A RPC against the concerned officials of Power Development Department. Writ petitioners filed OWP No.975/2008 seeking compensation from the writ respondents-appellants herein on account of negligence on the part of writ respondents.

(3.) The learned Single Judge while allowing the writ petition vide judgment dtd. 17/3/2021 held that the writ petitioners are entitled to rupees ten lacs. Feeling aggrieved, the appellants-writ respondents have filed the instant appeal.