HAFIZA BANO Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The appellant has challenged the judgment and decree dtd. 6/4/2005 passed by the 1st Additional District Judge, Jammu (hereinafter to be referred as 'the trial court'), whereby the suit of the appellant/ plaintiff for recovery of compensation filed against the respondents/defendants has been dismissed.

(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.12.50 lacs as compensation for the disability suffered by her to her right arm on account of electrocution. Vide order dtd. 15/2/1999, passed by the learned trial court, the appellant was declared as an indigent person and she was permitted to file the suit as such.

(3.) It was pleaded by the appellant/plaintiff that on 5/3/1997, she had gone out for grazing her cattle in the field in village Amkooth Sher Bibi, Tehsil Banihal. At about 5.00 p.m, while she was coming back to her home alongwith her cattle, she came in contact with 33 KV sub-transmission line, that passes through that area. According to the plaintiff, a live wire was hanging at the height of 4/5 ft. above the ground level. The plaintiff is stated to have come in contact with the live electric wire, as a result of which she received burn injuries to her right arm and left leg. She fell down unconscious and was taken to the Primary Health Centre, Banihal by the local villagers. The plaintiff remained under treatment at Primary Health Centre, Banihal upto 7/3/1997, whereafter she was referred to the Government Medical College Hospital, Jammu. She remained admitted over there from 7/3/1997 to 22/3/1997. During the treatment of the plaintiff, her right upper limb below the elbow level was amputated. According to the plaintiff, her father spent an amount of Rs.50,000.00 on her treatment.