MUSHTAQ AHMED Vs. STATE OF JANDK

JUDGEMENT

(1.) MRS. Rani was passing through a thoroughfare at village Kartholi adjoining village Maheen Sarkar of Tehsil samba District Jammu when on coming in contact with the snapped 11 KV Aerial Line, she got electrocuted. Mushtaq Ahmed, her husband, Fermin Akhtar, Nasreen Akhtar and Naseema Begum, her minor daughters, have filed this writ petition seeking a command against the respondent State and its functionaries in the Power Development department to pay them Six Lac rupees (Rs. 6. 00 lacs)along with interest at the rate of 18% per annum as compensation for the death of Mrs. Rani.

(2.) PETITIONERS have claimed compensation from the respondents on the ground that they had laid 11 KV Aerial Line for transmitting electric energy over a thoroughfare contrary to the provisions of Section 17 of the Electricity Act, 1977 (1940 AD) and had omitted to maintain the Aerial Line property which because of its poor maintenance had remained suspended at low height for couple of days before it snapped on 14-10-1995 entirely because of the negligence and non-performance of statutory duty by the respondents because of which Mrs. Rani got electrocuted while passing through the thoroughfare.

(3.) CONTESTING petitioners' case, the respondents, besides questioning the maintainability of the writ petition say that the writ petition involves adjudication of disputed questions of fact which course may not be permissible in exercise of writ jurisdiction and only course available to the petitioners to seek adjudication of their claim of compensation was to file a civil suit. As regards the merits of the case, it has been stated that maximum care is taken by the respondents in laying Transmission Lines which are laid in such a manner which may not be hazardous to the safety and health of living beings.