STATE OF J&K Vs. ABDUL LATEEF KEEN

JUDGEMENT

(1.) The instant appeal is directed against the judgment and decree dtd. 30/12/2010 passed by the Court of District Judge Kishtwar (for short "the trial Court") in case titled as "Abdul Lateef Keen and others vs State of J&K and others."

(2.) Facts emerging from the record would reveal that the respondents herein filed a suit under Order 33 CPC in "Forma Pauperis" and sought the following reliefs therein:

(3.) The suit supra came to be instituted by the plaintiffs-respondents 1 to 4 herein initially along with one Zahid (minor) being son of respondent 3 herein and had died during the pendency of the suit on the premise that one Mohd. Ashraf Keen husband of respondent 3 herein, son of respondents 1 and 2 herein and father of respondent 4 herein was working as a Mechanic in HCC Railway Company, Banihal and during intervening night of 12th /13/4/2004 died on account of electrocution at his home village, namely, Patnazi, Bonzawa Kishtwar owing to the negligence of the field staff of the Electricity Department and since the said deceased was the only bread-earner of the family of the plaintiffs-respondents herein and the plaintiffs-respondents herein being dependent on his earnings lost the source of sustenance besides love and affection, inasmuch as, having suffered mental shock, agony and pain thereof stating further in the suit that the defendants-appellants herein became severely and jointly liable to pay damages/compensation to the plaintiffs-respondents herein for the death caused to the deceased by their failure and negligence, inasmuch as, owing their failure to compensate the plaintiffs-respondents herein despite making a demand thereof under an in terms of a composite notice served by the plaintiffs-respondents herein upon the defendants-appellants herein under Sec. 80 CPC r/w Sec. 33 of the Jammu and KashmirElectricity Act 1997.