High CourtsSingle Bench(2017) 03 P&H CK 0018

Jyoti Sharma vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 24 March 2017

HON’BLE JUDGES
M.M.S. Bedi, J.
RESULT
Disposed off
CASE NUMBER
CWP No. 6091 of 2017

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Judgment

5 paragraphs · 209 words

M.M.S. Bedi, J. - Notice of motion to the Advocate General, Punjab for 12.7.2017.

2.

On asking of the Court, notice has been accepted by Ms. Anu Pal, Asstt. A.G. Punjab, present in the Court. Copy given.

3.

Prima facie, perusal of the FIR indicates that death of Rajnish Kumar, sole bread earner of the family, has occurred on account of deep cut on his neck which has occurred on account of flying of kite with banned china string.

4.

Vide order dated 13.1.2015, a direction has been issued by a Division Bench of this Court to implement the direction regarding hazardous use of synthetic thread made with plastic used for flying kites. In the post mortem report Annexure P3, the cause of death is deep incised wound on the upper part of the neck. The photograph of the injury, prima facie, shows the cause of death being the prohibited thread.

5.

In view of prima facie negligence of the State authorities it will be expedient, in the interest of justice, to direct the State of Punjab to pay interim compensation of Rs. 4,00,000/- (Rupees Four Lac Only) to the petitioners through petitioner No.1, within a period of one month after receipt of a certified copy of this order.