Excelsior Correspondent
SRINAGAR, Jan 3: High Court today dismissed the appeal of Government challenging the writ court judgment directing therein to pay the victim Rs 20 lakhs as compensation in view of disability suffered by him due to electrocution 17 years ago.
The writ court judgment was challenged by the Power Development Department on the ground that the Government of Jammu and Kashmir has issued an Order No. 454-F of 2019 dated 24.10.2019, which provides compensation of Rs. 7.5 lakhs in case of total disability and Rs. 2.00 lakhs in case of partial disability, but the writ Court has passed the impugned judgment without taking into consideration the said order.
It was further contented by the Additional Advocate General appearing on behalf of the appellant-department that the victim-Abrar Ahmad Tantray suffered electrocution in the year 2007 and filed the writ petition only in the year 2018, therefore, the writ petition was required to be dismissed on the ground of delay and laches only.
The division bench of Justice Rajnesh Oswal and Justice Mohd Yousuf Wani turned down these arguments advanced by the AAG on behalf of the Government by recording that the court cannot lose sight of the fact that the victim was eight years of age when the incident of electrocution took place.
He has specifically pleaded that his parents were illiterate and it was only when he attained the age of majority, he started prosecuting his claim. “Merely because of delay and laches, the writ petition cannot be dismissed, particularly when the victim has explained the delay and laches”, DB said.
The court in view of the fact that he was suffering from the legal disability of a minority, when the incident of electrocution took place and filed the writ petition himself after attaining majority, the petition cannot be dismissed on this ground. Therefore, there is no force in this contention as well and the same is also rejected.
“In view of the above, we do not find any legal infirmity in the judgment passed by the Writ Court and the same is accordingly upheld. The present appeal being devoid of any merit, is accordingly dismissed. However, no order as to costs”, DB concluded.
The writ Court has directed the appellant-department to pay a sum of Rs. 20.00 lakhs to the victim along with interest @ 6% per annum from the date of presentation of the writ petition till final realization.
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