The main legal point established in the judgment is the liability of the respondents to pay compensation for death due to electrocution, based on their negligence in maintaining the electric wires, and the application of the relevant Government Order to determine the amount of compensation.

JUDGMENT :

1. This writ petition was filed by the petitioner, seeking a writ of mandamus directing Respondents to pay a compensation of Rs. 15.00 lacs along with interest @ 18% per annum to the petitioner, on account of death of her minor son-Banu Kumar, due to electrocution when he came in contact with live fallen down electric wire while playing in the street, near Temple at Bagh-e-Bahu, Jammu, and met the fatal electrical accident.

2. The case of the petitioner is that her minor son, namely, Banu Kumar, on the fateful day i.e. 11.10.2010, when he was playing mirthfully adjacent to his house got electric shock with a live wire installed by the respondents department, which was allegedly fallen down, near the temple at Bhag-e-Bahu, Jammu, and received injuries/burns on the spot; that he was immediately rushed to Govt. Medical Hospital, Jammu by the police and the people of the vicinity, where he was declared as dead, his post-mortem was conducted there and the cause of death was reported as ‘death due to electrocution’; that regarding this incident, FIR No.45/2010 came to be registered at Police Station Bagh-e-Bahu for the alleged negligence of the employees of the respondents Department, in not maintaining proper lines.

3. It is contended that the untimely tragic departure of the son of the petitioner to another world occurred only and only due to negligence in maintaining the proper electric line and this negligence, on the part of the employees of the respondents Department, has resulted in this electrical accident, in which, a beautiful sprout, whose fragrance was yet to mesmerize the world, was ruthlessly charred to death, as the minor child was stated to be excellent in studies and had a inquisitive mind; that the people of the area, had on various occasions, informed the employees of the respondents Department to remove the live wire and also the wires dangling precariously over the roofs of the houses/shops of the area, but the requests invariably fell on deaf ears, which has resulted into the death of the son of the petitioner. Under the circumstances, the petitioner, thus, seeks compensation from the respondents for the death of her son caused due to electrocution.

4. The respondents question the maintainability of this writ petition on the ground that it involves disputed question of facts, which cannot be considered by this Court in exercise of its writ jurisdiction. In support of their submissions, the respondents placed reliance on a judgment rendered by Hon’ble Apex Court in a case titled Chairman, Grid Corporation of Orissa Ltd. (GRIDCO) & Ors. v. Sukamani Das & Anr. “1999 AIR (SC) 3412”.

5. The learned counsel for the petitioner has, vehemently, argued that the minor son of the petitioner has lost his life due to the negligent act attributable to Respondents, who failed to maintain the electric wires, as provided under the provisions of the Electricity Act and Rules framed thereunder and, thus, the State is under legal obligation to compensate the petitioner because due to their negligent Act, she has lost her son.

6. Learned counsel for the petitioner has placed on record a policy for grant of ex-gratia relief to the departmental or non-departmental persons, who are killed/grievously incapacitated on account of electrocution and related accidents. Same are governed under Government Order No.328-PDD of 2011 dated 24.11.2011 and subsequently Government Order No. 454-F of 2019 dated 24.10.2019 and, according to them, compensation to be paid to the petitioner would be only in terms of these Government orders.

7. In support of his contentions, learned counsel has placed reliance on the judgment of this court in OWP No.902/2010 titled Radha Sharma v. State of JK & Ors. passed on 01.03.2023 and judgment of the Division Bench of this court in LPA No.87/2021 titled Union Territory of J&K & Anr. v. Kamlo Devi’ passed on