STATE OF JAMMU AND KASHMIR Vs. NIRMALA DEVI

JUDGEMENT

(1.) The appellants have challenged the judgment and decree dtd. 13/3/2010 passed by the Additional District Judge, Kathua (hereinafter to be referred as the trial court), whereby the suit of the respondents for recovery of compensation has been decreed.

(2.) It appears that the respondents/plaintiffs filed a suit against the appellants/defendants seeking recovery of a sum of Rs.5,00,000.00 (five lacs) as compensation on account of death of Mohinder Singh, who happened to be the husband of respondent No. 1 and father of respondent Nos. 2 to 5. It was pleaded by the plaintiffs that on 4/1/2007 at about 11 am, while deceased Mohinder Singh was grazing his cattle at Mehtabpur Khad, he came in contact with a live 11 KV electric wire that was installed for the purpose of transmission of electricity by the defendant-department. According to the plaintiffs, the electric wire was installed in a careless and negligent manner and the same was not properly maintained, as a result of which, it fell down on the ground and deceased Mohinder Singh came in contact with it. This resulted in electrocution and consequent death of the deceased on spot. It was pleaded that it is the duty of the defendant-department and its employees to maintain the electric lines and wires and that they have failed to discharge their duties in this regard, which has become the cause of death of the deceased.

(3.) It was averred in the plaint that the deceased was aged 43 years of age at the time of his death. He was working as an agriculturist and was also running a dairy unit. The monthly income of the deceased was pleaded as Rs.8000.00. In all, compensation in the amount of Rs.5.00 lacs was claimed by the plaintiffs from the defendants.