The Jammu and Kashmir High Court has upheld the writ court’s ruling, holding the Power Development Department (PDD) responsible for the electrocution death of 45-year-old Nazir Ahmad, who died after an 11,000 KV live wire fell on him.
A Division Bench of Justice Sanjay Parihar and Justice Sanjeev Kumar dismissed the PDD’s appeal, ruling that negligence must be presumed in such hazardous operations unless proven otherwise. The court found that the department failed to submit any evidence showing the deceased’s involvement in causing the accident, thereby attracting the legal doctrine of res ipsa loquitur.
While agreeing with the lower court’s finding of liability, the High Court recalculated the compensation. Citing an error in applying a multiplier of 15 instead of 14 based on the deceased’s age (45), and noting the absence of income proof, the court assessed daily wages at Rs 250, added 25% for future prospects, and fixed the total loss of dependency at Rs 10,50,000. Additional amounts were awarded for loss of estate (Rs 15,000), consortium (Rs 40,000), and funeral expenses (Rs 15,000), bringing the total compensation to Rs 11,20,000 with 6% interest from the date of filing till realization.
The amount is to be disbursed equally among the legal heirs of the deceased, and any excess held by the court registry is to be refunded to the appellants.
The appeal stemmed from an incident in which Nazir Ahmad died on the spot after being struck by a live wire. His family had sought Rs 30 lakh in compensation, claiming he was a carpenter earning Rs 500 per day. The PDD had denied negligence, alleging the deceased had tampered with the wire, but failed to substantiate its claim. The court ruled that the department, being responsible for maintaining live supply lines, could not escape liability. [KNT]
