| Citation(s) |
|---|
| 2016 SLG 1772 2016 SLD 1772 2016 SCAJK 56 |
Supreme Court (AJ&K)
Civil Appeal No. 146 of 2010 Civil Appeal No. 147 of 2010,1.12.2012
CH. MUHAMMAD IBRAHIM ZIA, AND RAJA SAEED AKRAM KHAN, JJ.
Civil Appeal No. 146 of 2010 Civil Appeal No. 147 of 2010,1.12.2012
CH. MUHAMMAD IBRAHIM ZIA, AND RAJA SAEED AKRAM KHAN, JJ.
The Azad Govt. Of The State Of Jammu & Kashmir, Through Its Chief Secretary, New Secretariat, Muzaffarabad. The Secretary Electricity, Azad Govt. Of The State Of Jammu & Kashmir, New Secretariat, Muzaffarabad. The Chief Engineer Electricity Department, Az
Law:
Section:
Keywords: Compensation, High Court, Physical Disability, Consideration, Impugned Judgment, Public Importance, Error Of Law, Merits Of The Case, Trial Court, Emoluments, Maintenance, Supply Of Electricity, Award Of Compensation, Gratuity, Pecuniary Benefits, Assessment Of Damages, Fundamental Rights, Negligence, Disposed Of, Issue Directions, Subordinate Courts, Administration Of Justice, Family Pension, Motor Vehicles, Pension Received JUDGMENT: Ch. Muhammad Ibrahim Zia, J.- The captioned appeals with the leave of the Court have been addressed against one and the same judgment of the High Court dated 22.3.2010 whereby the appeals filed by both the parties have been dismissed. As the common questions of law and facts are involved, therefore, the same are disposed of through this consolidated judgment. 2. Brief facts forming back-ground of these appeals are that the plaintiff-appellant, Muhammad Abbas Khan, filed a suit against the respondent-Government & others, for recovery of Rs. 150-million, (fifteen crores), as damages, in the Court of District Judge Kotli on 19.10.2005. It is alleged that on 2.5.2005, Muhammad Abbas Khan Khatak, appellant, student of class III, went to the house of his neighbour, Gul Khan alias Muhammad Asif for playing with his children. While playing, the children went on the roof of his house whereupon the plaintiff was touched and caught with the 11000 K.V, Electric Transmission Line which is crossing very close to the roof of the house. The appellant's abdomen and arm was seriously burnt and after treatment from different hospitals, his arm has been cut from the shoulder and he has become disable forever. It is further alleged that the other arm of appellant Muhammad Abbas Khan Khattak was also damaged and the internal and external parts of abdomen also badly affected. The suit was resisted by the defendants by filing written statement. The learned District Judge Kotli framed issues in the light of the pleadings of the parties. The evidence produced by the prosecution was recorded and after hearing both the parties, vide judgment dated 31.5.2007, decreed the suit to the tune of Rs. 21,50,000/- (twenty one lac and fifty thousand).…