JUDGEMENT

1. A college boy, namely, Shabir Ahmad Rather, lost his life to electrocution on 6th August, 2007, in Village Chandrigam Tral. It so happened that the father of the deceased, namely, Ghulam Mohammad Rather, went out of his house to fetch water from the water hand pump installed nearby. The moment Ghulam Mohammad Rather touched the handle of the water hand pump, he got electric shock. On his crying, his wife, Mst. Taja Begum, and his son, the deceased, came out of their house and tried to save him from the electric shock. While doing so, the deceased go electrocuted. Upon verifying the fact, it came to light that the electricity line passing through the compound of the house of Ghulam Mohammad Rather had snapped and fallen on the water hand pump which caused electric short-circuit. The father of the deceased lodged a report in this regard with Police Station, Awantipora, on 8th August, 2007, and simultaneously moved an application before Tehsildar concerned. The police investigated the matter and came to the conclusion that the live electric wire which was passing through the compound of the father of the deceased had incidentally snapped and fallen on the water hand pump which caused short-circuit and claimed life of the deceased Shabir Ahmad Bhat. The father of the deceased having lost his son to electrocution did not get any response from the administration and, therefore, filed the instant petition claiming, inter alia, an amount of Rs. 15.00 lacs a compensation.

2. On being put on notice, the respondents have filed their objections which are supported by an affidavit sworn in by Commissioner/Secretary to Government, Power Development Department. The respondents have, though denied any negligence in the matter, yet submitted that it is true that on the fateful day electric line had got snapped during night due to wind storm. It is submitted that the department was very prompt to undertake the repair work of the snapped line. It is further case of the respondents that the deceased got electrocuted not because of any negligence of the respondents but because of the fact that the deceased had tried to fiddle with the electric line by himself connecting the same. The incident, which is admitted by the respondents, led to the filing of an FIR by the family of the deceased. The claim of the petitioners for payment of a lump sum amount of Rs. 15.00 lacs has also been denied by the respondents. It is submitted that vide Government Order No. 25-PDD of 2011, dated 24.01.2011, the respondents have extended ex-gratia relief/compensation scheme applicable to the employees of the Power Development Department to the civilians also who are killed or injured resulting in their partial or total disability subject to the explicit condition that the accident is not attributable to them but to the lapses of the department as verified by the Director, Training, Inspection and Commissioning (DTI&C). The Government Order provides for payment an ex-gratia relief of Rs. 1.00 lac in case of death.

3. Having heard learned counsel for the parties and perused the material on record, the following question arise for consideration in this case:

1. Whether the writ petition seeking relief in the nature of compensation for electrocution, which involves determination of disputed questions of fact, is maintainable under Article 226 of the Constitution of India;

2. Whether in the given facts and circumstances, the respondents can be held negligent in maintaining the electric wires so as to fasten liability upon