Excelsior Correspondent
Srinagar, May 24: The High Court has directed the Power Department to pay Rs 10 lakhs to the kins of a young boy electrocuted 15 years ago.
The kins of deceased-Shabir Ahmad Rather of Tral area of district Pulwama had approached the court in the year 2008 for compensation on account of death of the deceased-Rather due to negligence of the department and the court after a gap of 15 years held that the kins are entitled to compensation
“Accordingly, this petition is allowed and the petitioners are entitled to a lump sum amount of Rs 10.00 lacs to be paid by the respondents within a period of two months”, Justice Sanjeev Kumar directed.
Court also made it clear that in case the department fails to pay the amount with the stipulated period then the compensation amount shall become payable along with interest @6% per annum to be calculated from the date of judgment till its final realization.
Court has directed the amount shall be shared as 50 percent in favour of mother, 25 percent each in favour of brother and sister of the deceased. As per the plea a college boy, namely, Shabir Ahmad Rather, lost his life to electrocution on 6th August, 2007, in Village Chandrigam Tral due to the electricity line passing through the compound of the house of deceased which had snapped and fallen on the water hand pump near to the house of the deceased causing electric short-circuit.
Court said, the deceased is deprived of his life by the act of negligence attributable to the State and, therefore, the petitioner-kins cannot be left high and dry at this point of time when many years have passed after the accident.
“It would be highly undesirable to relegate the petitioner-kins to the remedy under civil law without providing them succor. I am told that the Government of Jammu and Kashmir, in the Department of Power Development, has been coming up with Government Orders from time to time providing for payment of ex-gratia relief in favour of legal heirs of the deceased or to the injured, as the case may be”, Justice Kumar said.
“Since I have already held that the accident, which consumed the life of the deceased, took place due to serious lapse on the part of the respondents, as such, by the aid of Government Orders issued by the respondents from time to time, particularly the latest one issued in the year 2019 under No.454-F of 2019 dated 24.10.2019, which provides for compensation of Rs.10.00 lacs in case of death, I am inclined to allow this petition and award a lump sum amount of Rs.10.00 lacs in favour of the petitioners. Accordingly, this petition is allowed and the petitioners are held entitled to a lump sum amount of Rs.10.00 lacs”, Justice Kumar further added.
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