STATE OF J&K Vs. ZOONI

JUDGEMENT

(1.) DECEASED , Mohammed Sultan Wani has lost life due to electrocution on 6th September, 1997 as a result of negligence attributed to the PDD Department. Resultantly, suit for recovery of Rs. 5.00 lacs with interest and costs came to be instituted by respondent/widow before the court of Learned Sessions Judge, Pulwama. Suit has been decreed vide judgment dated 15.06.2007 whereunder respondents (plaintiff) has been held entitled to pay the amount of Rs.4.00 lacs i.e. Rs.2.05 lacs as dependency value on the earning of the deceased and Rs. 1.05 lacs on account of pain and agony and costs to the tune of Rs. 20,000/ - alongwith interest al the rate of 12 % P.A have been allowed.

(2.) BY the medium of this appeal, the judgment and decree is assailed. The death of the deceased due to electrocution is not denied but it has been contended that the deceased got electrocuted owing to his own negligence as according to appellants deceased illegally was connecting the electric power supply from existing LT supply line of M/s Link Way Stone Crusher at Tengpora and had carried the electric line on some kicker poles and on existing live trees adjacent to the road and HT line and during the course of connecting the 'LT line, he touched the HT line and received an electric shock. Further more, deceased had been number of times requested by the out field staff not to Indulge in the illegal practice; therefore, negligence is not attributable to the appellants.

(3.) ACCORDING to appearing counsel learned trial Judge has not appreciated this aspect but the submission is found to be bereft of legal sanctity. Learned Judge has elaborated and appreciated the evidence as has been brought on record, more particularly while determining the issues 1,3,4 and 5 learned trial Judge has appreciated the submission and has correctly opined that the official defendants 5 & 7 (appellants 5 & 7 herein) were guilty of not checking the illegal connections, so negligence is on their part. This position is supported by contention no. 2 of the memo of appeal. Appellants have been aware that the electric supply from LT line to M/s Link Way Stone Crusher had been carried on some kicker poles and on existing live trees and the fact that the field staff had asked the deceased to stop the illegal activities. It is quite strange that the appellants admit carrying on of electric supply on kicker poles and on existing live trees but have not taken any action for removing the line exist, and had choose to remain silent spectators. It is to be borne in the mind that the department conceded that the staff members are meant for public good. It is the duty of public servants to take care of their departmental functions with all sense of dedication, the silence for stopping illegal activities indirectly amounts to support the illegal activities or in alternative amounts to negligence in discharge of the duties. The deceased admittedly has died due to electrocution and by negligence on the part of the appellants, more particularly its field staff is responsible for exhibiting negligence.