JUDGMENT

D.P. Wadhwa, J.- We grant leave to appeal.

2. The questions, which arise from consideration in this batch of eight appeals, are: (1) can the High Court under Article 226 of the Constitution award compensation for the death caused due to electrocution on account of improper maintenance of electric wires or equipment by the Tamil Nadu Electricity Board, the appellant: and (2) whether the High Court while exercising jurisdiction under Article 226 of the Constitution appoint an arbitrator under the Arbitration and Conciliation Act, 1998 (new Act) to decide the quantum of compensation and then make the award of the arbitrator Rule of the Court.

3. First question has recently been dealt with by judgment of this Court in Chairman, Grid Corporation of Orissa Ltd. & others v. Sukamani Das and another1 in that case the deceased met his death due to electrocution. It was alleged that while the deceased with proceeding from his village to another place he decided to return back as dark clouds gathered in the sky and there were thunderbolts also. While he was returning it started raining and while walking on the road he came in contact with an electric wire which was lying across the roa