STATE OF JAMMU AND KASHMIR Vs. MOHD IQBAL

JUDGEMENT

(1.) Decree dated November 30, 2004, of learned Additional District Judge, Kishtwar, awarding an amount of Rupees seven lacs as compensation along with interest at the rate of 6 per cent till realization in favour of respondent, the father of two minor children who were electrocuted because of short circuit affecting electric pole installed near an electric transformer at Bus Stand, Kishtwar, has been appealed against by the State appellants.

(2.) The case of the respondent plaintiff is that he is a poor paddler settled in village Lal Pattan, Kishtwar, who started putting up in Kishtwar to make his both ends meet. On July 22, 2000, two children of the respondent plaintiff, namely Akthar Hussain and Baby Rozy, were coming towards their dwelling place, when at about 7 p.m., they were electrocuted near an electric transformer at bus stand, Kishtwar.

(3.) An amount of rupees ten lacs was claimed as compensation under various heads. The appellants refuted their liability on the premise that the electric transformer installed at bus stand had been properly fenced and was four yards away from the main road. Even if, it was faulty, the pedestrians on the main road, would not be affected unless they fiddle with it. The appellants claimed that there was no fault or negligence on their part and that they were not liable to pay compensation to the respondent, as the death of the children had occurred because of their own act.