Ram Kumar vs UT of Jammu and Kashmir and others

Moksha Khajuria Kazmi, J

1 Through the medium of instant writ petition, the petitioner has sought a direction upon the respondents to grant compensation in his favour to the tune of Rs.80.00 lacs on account of permanent disability caused to him due to the alleged negligence of the respondents.

As per case of the petitioner, on 16.03.2018, while working as a labourer binding iron bars for raising a pillar of the residential house of one Fida Hussain Shah, resident of Usman Colony, Bathindi, the petitioner came in touch with a high-tension electricity wire, as a result of which, he got electrocuted and suffered burn injuries on both his arms. Immediately after the said incident, he was shifted to Govt. Medical College, Jammu, where he was treated by the doctors. According to the petitioner, he incurred expenses amounting to Rs.5.00 lac on his medical treatment.

It has been claimed by the petitioner that injuries suffered by him were due to the negligence of the respondents. It was their duty to ensure that electric poles are erected at a safe distance from the residential houses. However, in this case, the electric pole was erected in close proximity to the house in question. Regarding the said incident, FIR No. 124 dated 06.05.2018 for commission of offence under Section 338 RPC came to be registered against the owner of the house where the petitioner was working. On the basis of the aforesaid assertions, the petitioner has claimed compensation to the amount of Rs.80.00 lacs from the respondents under the following heads:

Medical expenses:  Rs.5.00 lacs

Future Medical expenses: Rs.5.00 lacs

Transportation charges: Rs.5.00 lacs

Pain and Suffering : Rs.10.00 lacs

Loss of amenities of life: Rs.5.00 lacs

Expenses on two attendants: Rs.25.00 lacs

Future loss of earning: Rs.25.00

Total:  Rs.80.00 lacs

Per contra, the respondents have denied any negligence on their part. They have  submitted that  on the  date  of  the  incident,  the  petitioner  was undertaking construction work on his own without seeking any NOC from the PDD Department. During the said work, while handling iron rods, he came in contact with the 33 KV line, which was adjacent to the under construction house, and got injured.

I have heard learned counsel for the parties and perused the record of the case.

So far as the incident in question on the fateful day is concerned, the same is not in dispute. From the perusal of objections filed by the respondents, it appears that the respondents have admitted that the petitioner did receive injuries as a result of the accident.

The petitioner, in support of his case, has relied upon a judgment of a Coordinate Bench of this Court rendered in the case of Kamlo Devi vs. State and others (OWP No. 1/2023, decided on 19.03.2021) whereby the learned Single Judge while allowing the writ petition of the petitioner therein directed the respondents to pay the petitioner a sum of Rs.10 lakh as compensation along with interest at the rate of 6% per annum from the date of filing of the writ petition. In the aforesaid case, the person who came in contact with the live wire, succumbed to his injures. The said judgment was upheld by the Division Bench of this Court vide judgment dated 28.03.2023 and also by the Supreme Court vide order dated 22.04.2024 passed in SLP No. 9294/2024.

8 In the present case, the respondents cannot escape their liability by stating that the incident took place due to unknown reasons. It was the duty of the officials of the respondent-department to ensure that the electric poles are erected at a safe distance from the residential houses to avoid any mishap. The respondents being vicariously liable for the acts and omissions of its employees, cannot be absolved of liability to compensate the petitioner, who has admittedly suffered permanent disability due to the incident..

Keeping in view the admitted position that the incident did occur and caused injuries to the petitioner, the only logical conclusion can be drawn is that the incident occurred due to the negligence of the respondents’ employees. Therefore, the respondents are legally bound to compensate the petitioner, who has suffered injuries on account of electrocution .

The Government of Jammu and Kashmir vide Order No. 454-F of 2019 dated 24.10.2019 has framed a policy for grant of ex-gratia relief in favour of civilians killed or injured, resulting in their partial or total disability in an accident attributable to the Power Development Department. As per the said policy in case of death, the amount of compensation of ex-gratia relief has been fixed as Rs.10.00 lacs; in case of total disability the amount of compensation has been fixed as Rs.7.50 lacs; and in case of partial disability the amount of compensation payable has been fixed as Rs.2.00 lacs.

11 As per the disability certificate annexed with the writ petition, the petitioner has suffered 100% permanent disability. Therefore, in terms of the aforementioned Government order, the petitioner is entitled to compensation of Rs.7.50 lacs.

12 In view of the above and with the consent of learned counsel for the

parties, the instant writ petition is allowed thereby directing the respondents to pay an amount of Rs.7.50 lac as compensation to the petitioner within a period of two months from the date a copy of this order is served upon them, failing which the aforesaid amount shall carry interest at the rate of 6% p.a from the date of filing of the writ petition till the realization of the amount.

The writ petition is disposed of in the aforesaid terms.