GHULAM NABI Vs. SECRETARY, J AND K GOVERNMENT

JUDGEMENT

(1.) The appellant has challenged the judgment and decree dtd. 31/8/2017 passed by the learned Additional District Judge, Doda (hereinafter to be referred as "the trial court"), whereby the suit of the appellant/plaintiff for recovery of compensation filed against the defendants/respondents has been decreed and an amount of Rs.2,18,000.00 alongwith interest @ 7.5% per annum has been awarded as compensation in his favour. The appellant being dissatisfied with the amount of compensation awarded by the trial court has sought enhancement of the compensation.

(2.) It appears that the appellant/plaintiff filed an application under Order 33 of CPC for grant of permission to file a suit as an indigent person for recovery of an amount of Rs.20.00 lacs as compensation for the disability suffered by him due to electrocution. Vide order dtd. 22/1/2014, passed by the learned trial court, the appellant/plaintiff was declared as an indigent person and he was permitted to file the suit as such.

(3.) It was pleaded by the appellant/plaintiff that on 27/5/2012, when he was proceeding from his house towards the house of his brother at village Khanpura Figsoo, Tehsil Thatri, all of a sudden High Tension (HT) electricity line fell down and it touched Low Tension (LT) line, which in turn fell on the service line of his brother's residence. The service line fell on plaintiff/appellant, as a result of which, he got electrocuted and received grievous injuries. The plaintiff/appellant was taken to hospital, where he underwent treatment. It was pleaded that the plaintiff has not fully recovered and that he has suffered disability. It has also been averred that the plaintiff/appellant is now unable to perform the job of a labourer and agriculturist, which has resulted into loss of his income. It was claimed by the plaintiff that the accident took place due to negligence of the defendants/respondents as they had not taken care to maintain the electricity wires.