JATINDER SINGH Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) Through the medium of instant petition, the petitioner is seeking a direction to the respondents to award him compensation of Rs. 5,30,000/- for electric burn injuries caused to him due to High Tension Electric Wire fallen on the wet ground of Govt. High School, Kotli Shah Daulla.

(2.) The facts as pleaded in the writ petition, are that petitioner was a student of 10th Class in Guru Nanak Academy, Kotli Shah Daula and on the fateful day of 08.05.2001 when he was playing with the children of his age group in the ground of Govt. High School at about 4.00 PM, he came in contact with live electric wire fallen on the wet ground of the School. Some buffaloes were also there. It is contended that the boys while playing had no knowledge of impending danger and while playing, the petitioner, and the buffaloes grazing in the ground, were caught in the electric circuit. This resulted into death of five numbers of buffaloes and petitioner got electrocuted with severe burn injuries. The petitioner was firstly admitted to Govt. Hospital R.S.Pura and thereafter in Govt. Medical College Hospital on 09.05.2001 where he remained admitted up to 11.05.2001. The petitioner thereafter got treatment under the care of Dr. Rakesh Saraf, Plastic and Burn Surgeon, Care 'N' Cure Nursing Home, Trikuta Nagar, Jammu upto 15.07.2001.

(3.) Learned counsel for the petitioner contends that the accident has happened due to negligence on the part of the Electric Department as the electric poles of High Tension Line had fallen on the ground and wires were touching the wet ground since a day before, i.e., 07.05.2001. The Electric Department had not taken any precautions or any efforts to repair the defected poles and the High Tension Line, which was touching the wet ground of High School, Kotli Shah Daulla. It is further contended that due to severe burn injuries, petitioner has been made handicapped and has not been able to attend the School properly besides has lost concentration of mind in his studies. The petitioner was in Class 8th when the accident took place. The petitioner was hospitalized from 08.05.2001 to 15.07.2001 and his right hand fingers were got damaged. The petitioner has also lost of movement of right arms partially and both feet fingers are also damaged in bending position.