PUSHWINDER SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) The present writ petition filed by the petitioner under Article 226 of the Constitution of India read with Sec. 103 of the Constitution of Jammu and Kashmir, seeks indulgence of this Court for issuance of appropriate writ of mandamus thereby directing the respondents to pay him, an amount to the tune of Rs.100.00 lakhs, @ 12 % P.A. from the date of accident as compensation in view of strict and absolute liability, who has become disabled due to negligence of the respondents and their employees.

(2.) Petitioner pleaded that he was a need based daily worker in the Power Development Department and was posted in the area of village Banipur, Sunderbani; that on the fateful day i.e. 8/11/2014, while working on an electric pole for disconnecting the jumper for restoration of power and to find out the fault, he suffered massive electric shock and fell down from it. It is pleaded that before climbing the pole, he was assured by his colleagues who were at Grid Station that electricity supply would not be restored, as long as, he was working on the pole. But due to negligence of the respondents, the electricity was restored resulting in an electrical accident. After having been severely injured due to electric shock, he was admitted in Sunderbani Hospital for treatment, thereafter at GMC Hosptial, Jammu and finally at Amritsar, where he was operated upon and his right arm had been amputated. It is further pleaded that with regard to the incident, an FIR bearing No.68/2016 was registered in Police Station Sunderbani.

(3.) It is being pleaded next that the State being a welfare State is having its liability to ensure the safety of its subjects as the right to life and liberty has been granted under Article 21 of the Constitution of India, the State being engaged in hazards and dangerous activities, is strictly under an obligation to compensate the petitioner for his disability, in respect of the negligence or carelessness on the part of its officials; that in the present case, the officials of the respondents were negligent in discharging their duties and this inaction on their part had put the life of the petitioner into danger, as such, the petitioner who became permanently disabled on account of the negligence of the respondents and their employees, is entitled to compensation, claiming to the tune of Rs.100.00 lacs.