The main legal point established in the judgment is that the civil court can exercise inherent powers to grant interim compensation in the interest of justice, save victims from social evils, and ameliorate their sufferings.

1. By the medium of this appeal, the appellants have assailed the exparte judgment and decree dated 18.08.1998 passed by Learned District Judge, Budgam in suit titled Mst. Zeba v. State & Ors. file No. 80/numbri.

2. Heard. Learned counsel for the appellant argued that the impugned exparte judgment and decree has been passed illegally because exparte proceedings drawn against the appellants are illegal.

3. Mr. Bhat learned counsel for the respondent frankly conceded that the exparte proceedings have been drawn illegally. However, Mr. Bhat prayed that keeping in view the circumstances of the case, the interim compensation may be granted.

4. Perused. Considered.

5. The exparte proceedings have not been drawn rightly, which is reflected in the interim orders right from 22nd March, 1996 till 27th May, 1997. In terms of the said orders Mr. Banday, advocate has caused appearance on behalf of the defendants 1 and 2 i.e. appellants 1 and 2 in the suit but the power of attorney is signed by appellants 4 and 5 (defendants 4 and 5). The summons have also not been issued to appellants 1 to 3 either in ordinary mode or by registered post. Thus exparte proceedings drawn against the appellants/defendants 1 to 3 are illegal. Accordingly the impugned judgment and decree is illegal.

6. Viewed thus the appeal merits to be allowed.

7. Now, the question is whether interim compensation can be granted? It is profitable to give brief resume of the averments contained in the plaint herein; -

8. The defendants have installed 11000 K.W.H. Tension line from village Yachkoot towards village Bugroo and from this line electricity is supplied to various villages. The poles erected by the defendants exist on the pathway connecting Ichgam and Yachkoot villages. On the said road there is situated a kitchen garden of one of the villagers, Sabir Bhat, which is fenced with barbed wire. On Ist August, 1994 the high tension electric wire fell down. The villagers approached the officials for restoring the electricity to the village by re-fixing the supply line. No heed was paid to the requests of the villagers, with the result neither electric supply was restored nor the electric wire was removed from the spot which had touched the barbed wire. Plaintiffs son, namely, Mohammad Iqbal Bhat aged 13 years, student of 7th class on 09.08.1998 came in touch with the barbed wire thereby he got electrocuted which resulted in to his death on spot. The accident has taken place due to the negligence of the Electric Department.

9. Whether the interim compensation can be granted in terms of the Civil Procedure Code? It is necessary to notice Sections 94 and 151 of CPC.

10. While going through the provisions of Section 94 of CPC, this court can pass any order which is just in the given circumstances. But word "prescribed" is used in the provision which means prescribed by the Rules. While going through the Rules, I have not noticed any Rule which can be pressed into service for granting of interim compensation.

11. While going through the provisions of Section 151 CPC, this court can exercise inherent powers in order to do justice in between the parties and can pass such orders which are warranted in the interests of justice.

12. Section 140 of Motor Vehicles Act mandates how to grant interim compensation. This remedy stands introduced in terms of the recommendations made by Apex Court in the judgments reported in 1977 ACJ 134 (SC), 1980 ACJ 435 (SC) and 1981 ACJ 507 (SC). In terms of the said judgments the legislation was made. The aim and object of the said provision is to save the victims/sufferers from, starvation, destitution and from other social evils. It is just to ameliorate the sufferings of the victims.

13. The Apex court has passed a judgment reported in AIR 1996 SC 922 titled Shri Bodhisattwa Gautam v. Miss Subhra Chakraborty, wherein their lordships have granted interim compensation to the victims of a rape case. In terms of the said judgment the court is not powerless to come to

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