HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Pronounced on: 16.08.2022

OWP No. 823/2006

Zarifa Begum

…..Appellant(s)/Petitioner(s)

Through: Ms. Veenu Gupta, Advocate.

Vs

State of J&K and others

.…. Respondent(s)

Through: Mr. Suraj Singh, Advocate for

R-1, 2 & 4.

Coram: HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE

JUDGMENT

1.

The petition is taken up for consideration at the admission stage with

the consent of learned counsel for the parties.

2.

Nasir Ahmed Malik, son of the petitioner, was stated to be student of

12^th standard and was studying in Government Higher Secondary

School, Ukhral Banihal. The said child was representing the school

team as well as the District team in the discipline of Volleyball and was

participating in the inter district tournament at Rajouri. The child died

of drowning and the petitioner was informed of the death of the child.

The petitioner apprehends that the death of the child was not natural

one and suspects some foul play in view of the injuries received by the

child as per the postmortem report. The further case of the petitioner is

that even assuming that the death of the son of the petitioner was

Sr. No.191

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accidental one still the duty was cast upon the department of Education

and department of Youth Services and Sports to take care of the child

and further that the respondents are liable to pay compensation to the

petitioner.

3.

The objections stand filed by the respondents wherein the respondents

have denied that there was any foul play in the death of said child. It is

submitted that three teachers of the sports department accompanied the

team and adequate measures were taken for the safety of the child and

other students who participated in the tournament. There was no

negligence on the part of the respondents and the death was purely an

accident. It is also submitted that the petitioner was provided financial

assistance to the tune of Rs.1,13,000/-.

4.

Heard learned counsel for the parties and perused the record.

5.

The argument raised on behalf of the petitioner by the learned counsel

is that the post mortem report indicates the foul play in the death of the

child. The deceased child was a bright student and outstanding sports

person. In any case, the negligence of the respondents led to the death

of the child for which the petitioner is required to be compensated. The

respondents cannot escape from their liability as the child was

officially participating in the tournament when the purported accident

took place.

6.

The learned Government Advocate has argued that there was no

negligence on the part of the respondents and the death of the child was

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purely an accidental one for which the respondents cannot be held

liable.

7.

There is no denial of the fact that Nasir Ahmed Malik had gone to

Rajouri for participation in Volleyball tournament on behalf of school

and during the tournament the said child died. As per the postmortem

report, the cause of death of the child is asphyxia due to drowning. The

report of the police also does not point out any finger against any

individual in the cause of the death of the child. Apparently, no

circumstance is brought on record by the petitioner to convince the

court that the death of the child has taken place in suspicious

circumstances. The objections filed by the respondents could not be

countered by the petitioner. The respondent No.3 in his objections has

stated that the deceased along with other friends had gone to nallah for

bath and when the child started drowning one Sandeep Singh tried to

save him but could not succeed. The death of the child is result of

drowning is what is made out of record.

8.

The court appreciates that the family of the deceased child had been

given financial relief by th