J&K High Court Orders Compensation Of Over ₹11 Lakhs For Death Due To Falling 11,000 KV Supply Wire, Says Negligence Of Power Dept Is Presumed

The Jammu & Kashmir High Court upheld the writ court's finding of negligence on the part of the Power Development Department in the electrocution death of a 45-year-old man, holding that such hazardous activities attract presumed negligence, especially when no contrary material is brought on record by the department.A Division Bench of Justice Sanjay Parihar and Justice Sanjeev Kumar dismissed the appeal filed by the Power Department, observing that "the maintenance of electric supply live lines is the duty of the appellants and more particularly when the appellants are dealing with such hazardous activity. The negligence in the accident that happens in relation to such activity has to be presumed.”The Court noted that the appellants failed to produce any material to show the deceased was responsible for the accident. It further added that “we also find that in the case on hand the principle of doctrine of res ipsa loquitur was attracted.”While agreeing with the writ court on the issue of liability, the court recalculated the compensation amount, observing that the court had incorrectly applied a multiplier of 15 instead of 14, based on the deceased's age (45 years).Additionally, the Court noted that no proof of income had been brought on record. Accordingly, it assessed wages based on the minimum wage at ₹250 per day, added 25% towards future prospects, and concluded that the total loss of dependency amounted to ₹10,50,000.To this, the Court added Rs 15,000 for loss of estate, Rs 40,000 for loss of consortium, Rs 15,000 for funeral expenses. Thus, the total compensation was fixed Rs Rs 11,20,000, to be paid with 6% interest from the date of filing of the petition until realization.It directed that the amount shall be paid in equal shares to the legal heirs of the deceased and excess amount, if any, with the registry, shall be returned to the appellants.BACKGROUND:Briefly stated, the facts leading to the filing of this appeal are that one Nazir Ahmad died on the spot after a live 11,000 KV electric supply line fell on his head. The incident, alleged to have occurred due to the negligence of the appellants, led to the registration of an FIR Claiming that the deceased was the sole breadwinner of the family earning Rs. 500 per day as a carpenter, his legal heirs filed before the High Court seeking compensation of Rs. 30 lakhs. The appellants contested the petition, asserting that the deceased had himself tampered with the live wire, and no negligence could be attributed to them. The writ court, however, allowed the petition and awarded compensation along with interest. This decision has been challenged in the present appeal on the grounds that the writ court lacked jurisdiction to decide disputed questions of fact and failed to follow the compensation guidelines laid down in National Insurance Co. Ltd. v. Pranay Sethi, 2017 especially as no proof of income or age of the deceased was submitted, except the post-mortem report showing his age as 45 years.APPEARANCE: Mr. Faheem Shah, GA for PetitionersIrshad Ahmad, Advocate. FOR Respondent.Case-Title: UNION TERRITORY OF J&K AND ORS. VS SALEEMA BEGUM & OrsCitation: 2025 LiveLaw (JKL) 261Click Here To Read/Download Order

J&K High Court Orders Compensation Of Over ₹11 Lakhs For Death Due To Falling 11,000 KV Supply Wire, Says Negligence Of Power Dept Is Presumed

Aleem Syeed

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