Excelsior Correspondent
SRINAGAR, Apr 4: The Division Bench of High Court has upheld the writ court judgment for compensation to the next kin of deceased who died due to electrocution and observed that to challenge the verdict is a sheer wastage of court time and public money by those running the affairs of the UT.
The Appeal was preferred by the Government functionaries against the judgment dated 19.03.2021 passed by the Single Judge, whereby while allowing the petition of the next kin of the deceased, held that the wife of deceased is entitled to compensation of Rs 10 lakhs as minimum compensation for the death of her husband.
“Viewed thus, while upholding the judgment of the Single Judge, we do not find any merit in the appeal and the same is, accordingly, dismissed. Therefore, this appeal is nothing but sheer wastage of court time and public money by those running the affairs of the UT”, Division Bench of Justice Tashi Rabstan and Justice Rajesh Sekhri concluded.
Kartar Chand, husband of petitioner-Kamlo Devi, died of electrocution by high intensity electric line in 2011 while working as a Mason on the roof of the house of one Puran Chand son of Mangal Das.
After the incident, the FIR No.212/2011 was registered at the Police Station against the concerned officials of the PDD. Seeking compensation for the death of her husband, petitioner-Devi approached the court and the court while allowing her plea held that she is entitled to Rs 10 lakhs as minimum compensation.
The DB said the respondent-department took 356 weeks in filing objections to the writ petition, least bothered that the writ petitioner had been hankering from pillar to post for getting compensation on account of death of her husband due to electrocution due to the negligence of Power Development Department.
Court further added that on the grounds of instant appeal filed by the department, the delay has shamefully attributed the delay of eight years in deciding the writ petition on the part of the Writ Court.
“Therefore, at this stage it does not lie in the mouth of writ respondent to claim that the Single Judge ought to have allowed compensation in terms of Government Order No.328- PDD of 2011 dated 24.11.2011 instead of Government Order No.454-F of 2019 dated 24.10.2019”, read the judgment.
In the objections, the respondent itself averred that the persons who are killed due to electric related accidents are governed under Government Order No.328-PDD of 2011 read with Government Order No.454-F of 2019 dated 24.10.2019, i.e., Government Order No.328-PDD of 2011 cannot be read in isolation after issuance of Government Order No.454-F of 2019 on the same subject; meaning thereby the writ petitioner though was entitled to get ex-gratia relief of rupees three lakhs before issuance of order dated 24.10.2019.
However, the DB said once the respondent-department failed to pay her the compensation for such a long period and, in the meantime, the Government issued another order enhancing the ex gratia relief, the Single Judge was justified in allowing rupees 10 lakhs as minimum compensation.
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