Excelsior Correspondent
Srinagar, Oct 11: The High Court today directed the Power Development Department to pay within three months compensation of Rs. 4,50,000 along with interest at 6 per cent per annum from the death of a man due to electrocution till the date of payment.
Setting aside a single bench order of the court, a Division Bench of High Court comprising Chief Justice MM Kumar and Justice D S Thakur said the fundamental right to life and liberty cannot taken away from any person.
“The claimant would become entitled to demand compensation on account of violation of fundamental right to life and liberty under Article 2 of the Constitution,” the bench said.
Earlier, a single bench of the court had dismissed the writ petition holding that the petition had suffered delay and laches (unreasonable delay in asserting a claim, which may result in its dismissal) as the cause of action had taken place in year 1999 while as the writ petition has been filed in 2004.
The incident had taken place in May 1999 when a man, Mohammad Ashraf Baht was killed due to electrocution. And the petition was filed by his parents and a minor daughter.
During arguments, counsel for the petitioner B A Misri said the writ petition was filed in 2004, and it cannot be said there was delay and laches as the petitioners have already filed representation followed by reminders. And delay and laches would be mitigated once their petition is admitted to hearing.
Citing a Supreme Court judgment, counsel for PDD argued in similar circumstances has SC declined to grant benefit of compensation.
The bench said that “the death occurred on account of sudden power energizing the wire by receiver station without clearance. It is this part of negligence which has been readily accepted in the report of PDD.”
Referring to the SC judgment, the court said that rule of strict liability does not require that a claimant is under obligation to prove negligence. “Therefore, the necessity to prove negligence is obviated.”
About the amount of compensation to be paid to the petitioners, the bench said the age of deceased was 25 years.
“Even a labourer would not earn less than Rs. 100 per day at the time of his death which would amount to Rs. 3000 per month. A reasonable cut for expenditure on personal use can not be more than 33% of the income,” the bench said.
The bench said the compensation will amount to Rs. 4, 08000 and when funeral charges of Rs. 10,000 and loss of consortiums amounting to Rs. 30,000 could be awarded, it will amount to Rs. 4, 50000.
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