BHAWANI SINGH. CHIEF JUSTICE (ORAL):-

1. We propose to dispose of both these matters (LPA no. 46/97 Executive Engineer and another vs. Mohmmad Ashraf Bhat and OWP no. 1123/96 Mohmmad Ashraf Bhat and others vs. Executive Engineer and others) by this judgment in view of order passed by this Court on July 14,1998. Facts giving rise to the initiation of this case may be recorded briefly.

2. Petitioner is son of deceased Jalal-ud-din Bhat alias Jalla Bhat R/o. Chanderigam, Tehsil Tral of District Pulwama. Petitioners age is twenty years, His father was an agriculturist, cultivating his land growing primarily paddy on the total land in his ownership. Although it was hinted by learned counsel for the petitioner that the deceased was working as labourer also but this fact has not been stated in this petition, therefore, we leave the matter at that.

3. On September 13,1995 deceased was working in his field. High tension electricity line which passed through it had fallen in the field Deceased was trapped in it and died instantaneously. Matter was reported to the Police and a First Information Report no. 80 of 1995 was registered in police Station Awantipora This report records the death of deceased due to electric shock. Petitioner approached the respondents seeking compensation and employment so that he could look after the family consisting of himself, mother and two unmarried sisters. With the death of deceased, petitioner remained the sole surviving, male member in the family. It is pointed out that the case of the petitioner for employment was recommended by the Assistant Executive Engineer to his Superiors vide communication dated April 10, 1996 (Annexure E to the writ petition) followed by communication dated April 15, 1996 (Annexure F to writ petition) by Executive Engineer but no action was taken. This incident was reported to Deputy Commissioner Pulwama who awarded ex-gratia relief vide order no. 93/7R dated January 02,1996 to the extent of Rs. 5,000/- that has been received by the petitioner

4. Through this petition, compensation of twenty lac has been claimed. It is stated that the deceased died due to sheer negligence of the respondents since they failed to maintain high tension line passing through the land of petitioner properly. The deceased was the sole male member of the family looking after it. By his death, the whole responsibility has been cast on the petitioner who is Matriculate but unemployed. The family is facing financial crisis according to the learned counsel for the petitioner.

5. In the memorandum of appeal, the respondents have admitted that one of the 11 KV lines on P.C.C. pole near village Chandrigam, (Awantipora) was burnt near the pin insulator with the result that the conductor had got snapped and was lying in the paddy fields at about 11 a.m. on September 15, 1995. This fact has been stated on the basis of report of concerned Assistant Executive Engineer and the field staff. It is stated that this incident was not recorded in the Log sheet at the Receiving Station Awantipora. Negligence on the part of respondents has not been admitted and it is submitted that compensation cannot be paid to the petitioner except in Civil Court and that the Police is yet to investigate the matter. These are the material facts in the pleadings of the parties.

6. Shri. R. A. Khan, learned Government counsel contended that in view of the dispute with respect to the incident, matter can appropriately be decided in the Civil Court. To bring home this contention, reference was made to AIR 1976 SC page 475 (Arya Vyasa Sabha etc. vs. The Commissioner of Hindu Charitable and Religious Endowments and Anr}. It was also contended that in case this Court comes to the conclusion that this matter can be appropriately decided by this Court, the compensation of rupees twenty lac is abnormally high, looking to the back ground and earnings of the deceased and his family. These contentions have been opposed by Shri Malik Ghulam Hassan le

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