Srinagar, Oct 24, KNT: In a significant judgment reaffirming state accountability in cases of official negligence, the High Court of Jammu and Kashmir and Ladakh’s Division Bench has upheld the earlier single bench order awarding Rs 30.20 lakh compensation to a minor boy from Bandipora who suffered 90 percent permanent disability after being electrocuted by a high-tension power line.
The Division Bench, comprising Justice Sindhu Sharma and Justice Shahzad Azeem, dismissed the appeal filed by the Power Development Department (PDD) and confirmed the findings of Justice Javed Iqbal Wani, who had earlier held the department strictly liable for negligence.
Join our WhatsApp Group
The case titled Aatif Irshad Kumar vs Union Territory of J&K and Others (WP(C) No. 3500/2019) involved a tragic incident in November 2018, when the then six-year-old boy from Mantrigam Bandipora came into contact with a 33,000 KV high-tension line passing dangerously close to residential houses. The electrocution caused grievous injuries, resulting in the amputation of his right hand, thumb of the left hand, and a toe.
📢 8,000+ readers already joined for instant Kashmir News Trust updates
Join our Telegram Channel
The Division Bench observed that the authorities failed to ensure safety compliance despite prior objections by locals regarding the hazardous positioning of the power line. Upholding the single bench’s findings, the judges ruled that the doctrine of “strict liability” applied squarely to the case, leaving no room for the department to shift blame onto the victim.
The court maintained that the Rs 30.20 lakh compensation — including Rs 10 lakh for pain and suffering, Rs 13.5 lakh for an artificial limb, Rs 2.5 lakh for treatment, and Rs 4.2 lakh for attendant costs — was just and reasonable. The compensation will remain in a fixed account in the child’s name, with monthly interest to be used for his ongoing medical care until he attains adulthood. [KNT]
