JUDGMENT : Prayer 1. The instant writ petition has been filed by the petitioners seeking a writ of Mandamus commanding the respondents to pay and release ex-gratia amount of Rs.10,00,000/- in terms of Government Order No. 454/2019 dated 24.10.2019 besides paying compensation to the tune of Rs. 21,00,000/- along with interest @ 12% per annum to the petitioners. Brief Facts 2. The case of the petitioners is that her son, namely, Anshu Kumar lost his life due to electrocution on 22.06.2020 at rented accommodation at Ward No. 2, Assar, District Doda. It is specific case of the petitioner that this untoward incident happened due to callous approach of the respondents who installed a High Tension wire on the First floor of the house where the petitioners along with her family members were putting up. It is averred that an electric transformer was in operation near the house of the petitioners which was under the control of respondent No. 3 and 4, had loose High Tension (HT, 11 KV)/Live tension wire (440 WATT) hanging from the transformer and passes from the first floor of the rented accommodation of the petitioners. Respondents No. 3 and 4 were negligent in maintaining the HT/LT wires, knowing well that they had installed the same wrongfully. It is urged that the deceased son of the petitioner No. 1, who was just 3 and a half years old, at the time of occurrence, incidentally touched HT/LT wire which was charged and suffered an electric shock and died on the spot. The petitioners have placed on record Post mortem report which clearly indicates that the deceased son of petitioner No. 1 received electric shock on hands and feet. Petitioners have also placed on record medical report issued by Medical Superintendent, GMC, Doda wherein it is certified that the deceased was died due to electric shock on 22.06.2020. In this context, FIR bearing No.19/2020 under Section 304-A Indian Penal Code (IPC) has been registered against the respondents on 22.06.2020 at Police Station, Assar, District Doda which culminated into filing of criminal challan before the court of learned Additional Mobile Magistrate Doda. SUBMISSIONS OF THE PETITIONERS 3. Mr. In this context, FIR bearing No.19/2020 under Section 304-A Indian Penal Code (IPC) has been registered against the respondents on 22.06.2020 at Police Station, Assar, District Doda which culminated into filing of criminal challan before the court of learned Additional Mobile Magistrate Doda. SUBMISSIONS OF THE PETITIONERS 3. Mr. Priyanshu, learned counsel appearing for the petitioners has vehemently argued that the son of the petitioner No.1 has died 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 petitioners because due to their negligent Act, a precious human life was lost. Learned counsel further states that the state is under legal obligation to protect the life of its citizens. It is further submitted that the state and its functionaries have failed to discharge the constitutional and statutory obligations by not taking requisite safety measures and as a consequence of which, precious life of a young son of the petitioner No.1 has been cut short and accordingly, respondents are under an obligation to compensate the petitioners by way of damages. 4. Learned counsel further submits that Finance Department vide Government Order No. 454-F of 2019 dated 24.10.2019 has accorded sanction for release of ex gratia relief in favour of PDD Employees as well other persons or their heirs and to the owners of Domestic Animals, who are electrocuted and die, or are rendered fully/partially disabled due to negligence of Power Development Department (PDD) and, accordingly, fixed compensation @ Rs. 10.00 lac in the case of death of a human beings. Lastly, he submits that petitioner No.1 has already exhausted her remedy of approaching the respondents by filing a representation to release the ex-gratia relief in her favour on account of death of her deceased son due to electrocution and requested them to acknowledge the pain and suffering of the petitioners. SUBMISSIONS OF THE RESPONDENTS 5. Per Contra, Mr. Lastly, he submits that petitioner No.1 has already exhausted her remedy of approaching the respondents by filing a representation to release the ex-gratia relief in her favour on account of death of her deceased son due to electrocution and requested them to acknowledge the pain and suffering of the petitioners. SUBMISSIONS OF THE RESPONDENTS 5. Per Contra, Mr. Ravinder Gupta, learned counsel appearing on behalf of the respondents, submits that the instant petition deserves an outright dismissal on the ground that there being already a policy framed by the Government vide Government Order No. 454-F of 2019 dated 24.10.2019 which prescribes the procedure for grant of ex gratia relief in favour of the victim electrocuted and also prescribes the authorities who have to ascertain the lapses, if any, on the part of the Power Development Department and grant of such relief subject to verification by the prescribed competent authority. 6. Learned counsel also submits that in the instant case, the case of the petitioners, in terms of aforesaid policy, is under consideration and Executive Engineer, Electric Sub Division, JPDCL, Batote has forwarded the case of the petitioners along with all relevant documents/information to the Assistant Executive Engineer, Inspection Sub-Division-I, PDD Jammu. 7. Heard the learned counsel for the parties at length and perused the record. 8. Admit. 9. Learned counsels for the parties submit that the present writ petition is squarely covered by the judgments passed by this Court in OWP No. 902/2010 titled Radha Sharma v. State of J&K and ors. [decided on 01.03.2023] and in OWP No. 1187/2014 titled Renu Bala and ors. v. State and ors. [decided on 27.04.2023] and therefore, the writ petition be allowed and the petitioners be granted relief as granted in the aforementioned cases. 10. With the consent of learned counsel for the parties, the instant petition is taken up for final disposal. 11. This Court in Radha Sharma’s case (supra) has observed as under : “Since the Government has already framed a policy vis-à-vis the death caused due to electrocution by virtue of the aforesaid Government Order, therefore, this Court need not to go into the parameters prescribed for awarding of compensation in case of death/injuries arising out of the motor vehicles accidents under the Motor Vehicles Act. The case of the death of the petitioner’s son is fully covered by the aforesaid policy as the accident is not attributable to the deceased but to the lapses attributable to PDD as per the pleadings and record discussed herein above. 32. In view of the above, the writ petition is maintainable for award of compensation and the State was under obligation/duty to see that the electric installations are properly fenced and are placed in a position and height so that these are not accessible to the general public and the children in particular. The State cannot claim immunity by shifting the burden on the deceased who was a minor child of 13 years of age. 33. Petitioners’ case for compensation needs to be considered for assessment of compensation on the basis of policy promulgated, vide Government Order No. 454-F of 2019 dated 24.10.2019. 34. In the circumstances and keeping in view of fact that the deceased has left behind his mother, who has to lead rest of life in absence of the company, love and affection of the deceased, an amount of Rs. 10.00 lacs in total would be in my view appropriate, just and fair compensation for the petitioners for deprivation of the life of a child and for the damages which has been caused to the quality of her life as well in conformity with the policy of payment of ex-gratia relief to civilians and departmental employees of PDD who have died or injured due to electricity related incidents promulgated vide order No. 454-F of 2019 dated 24.10.2019. 35. The writ petition is, therefore, allowed and respondents are directed to pay to the petitioners a sum of Rs.10,00,000/- (Ten Lac Rupees) within a period of two months, starting today i.e., 01.03.2023. Writ petition is allowed and disposed of in the following manner.” 12. In Renu Bala’s case, it has been observed by this Court: “37. 35. The writ petition is, therefore, allowed and respondents are directed to pay to the petitioners a sum of Rs.10,00,000/- (Ten Lac Rupees) within a period of two months, starting today i.e., 01.03.2023. Writ petition is allowed and disposed of in the following manner.” 12. In Renu Bala’s case, it has been observed by this Court: “37. In the present case, petitioner No. 1 is the unfortunate widow of the deceased whereas petitioner No. 2 is a minor daughter (at the time of filing of the petition) and petitioner No. 3 is the mother of the deceased, who left with no source of income and family has been put to starvation due to death of sole earning member of the family as the deceased was earning Rs.10,000/- by working as casual labour in the respondents-Department and due to untimely death of husband of petitioner No. 1, the petitioners have deprived of their source of livelihood and also love and affection of the deceased. Had the deceased not met with an accident, he would have served the department up to the age of 58 years and at least would have earned, as per the stand of the petitioners, an amount of Rs. 25 lakh, out of which the deceased would have spent more than Rs. 15 lakh on the welfare and betterment of his family members. The deceased at the time of his death was 28 years of age and would have rendered his services in the department for another 30 years but due to rash and negligent act on the part of the respondent Nos. 6 and 7 which has been established from the fact that the charge-sheet has been produced against respondent Nos. 6 and 7 under section 304/34 RPC before the competent Court for their commission and omission of offences. Besides, the cause of death of the deceased has been medically established through the postmortem report which has been placed on record along with the instant writ petition. 38. 6 and 7 under section 304/34 RPC before the competent Court for their commission and omission of offences. Besides, the cause of death of the deceased has been medically established through the postmortem report which has been placed on record along with the instant writ petition. 38. In view of the aforesaid peculiar facts and circumstances of the case and admitted position by the respondents in the report submitted by the Chief Electrical Inspector J&K PDD admitting the negligence and fault on the part of the respondents, I hold the instant petition maintenance for awarding compensation and State was under duty/obligation to see that the SOPs like local earthings, hand insulating gloves, proper isolation and other safety measures by the maintenance staff were taken before starting the restoration work and in the instant case, the accident is attributed to the respondents for non-adherence to proper “PERMIT TO WORK” system and SOPs. 39. The case of the petitioners for compensation needs to be considered for assessment of compensation on the basis of the policy promulgated vide Government Order No. 454-F of 2019 dated 24.10.2019 to grant the ex-gratia relief in favour of the employees of the PDD including the deceased, who falls in the category of the employees of PDD being casual labour. 40. In these circumstances and keeping in view the fact that the deceased has left behind his mother, wife and daughter, an amount of Rs.10 lakh in total would be in my view appropriate, just and fair compensation for the petitioners for deprivation of the life of their beloved and for the damage which has been caused due to the quality of their life inconformity with the Policy of payment and ex-gratia relief which covers the civilian and departmental employees of the PDD, who have died or injured due to electricity related incident from promulgated vide Government Order No. 454-F of 2019 dated 24.10.2019. 41. The writ petition is, therefore, allowed and the respondents are directed to pay the petitioners an amount of Rs.10 lac within a period of two months starting from the date of passing of this order. Out of total compensation, petitioner No. 1, being widow of the deceased, is entitled to an amount of Rs. 03 lac, whereas petitioner No. 3, being oldaged mother of the deceased, is entitled to an amount of Rs. Out of total compensation, petitioner No. 1, being widow of the deceased, is entitled to an amount of Rs. 03 lac, whereas petitioner No. 3, being oldaged mother of the deceased, is entitled to an amount of Rs. 2 lac and petitioner No. 2, being daughter, is entitled to Rs. 5 lac and out of Rs. 5 lac, an amount of Rs. 3 lac shall be kept in a fixed deposit for a period, she attains the age of majority and rest of the amount i.e., Rs. 2 lac shall be released in favour of petitioner No.2, for her studies and other basic amenities, through petitioner No. 1 i.e., her mother. 42. Before parting, it would be of relevance to mention that ‘The Electricity Act 2003’ has been made applicable to Union Territory of Jammu and Kashmir w.e.f. 31st October 2019. Further, in exercise of powers conferred by Section 177 of the Electricity Act 2003, Central Electricity Authority has enacted regulations for measures relating to safety and electric supply, namely, Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010, which have been further amended from time to time. These rules have been framed with the object that while providing robust electricity infrastructure, safety measures are provided to prevent humans and animals from being electrocuted. However, this court has recently come across various cases, wherein, people died due to electrocution across Union Territory of Jammu and Kashmir. It appears that deaths due to electrocution as well as bodily injuries due to electric shocks are ignored as mere accidents, also it appears that safety measures, at all times, related to the installation of electricity infrastructure like installation of transmission lines, transformers are usually ignored. In order to save precious lives, this Court deems it appropriate to constitute committee of three members, headed by Commissioner/Secretary, Power Development Department, Government of Jammu and Kashmir and Chief Engineer, Power Development Department Jammu and Chief Engineer, Power Development Department Kashmir, Chief Engineer, Power Development Department, Union Territory of Ladakh as three members of the committee. The composition of the committee will be as follows: 1. Commissioner/Secretary, PDD (Chairman) 2. Chief Engineer, PDD Jammu (Member) 3. Chief Engineer, PDD Kashmir (Member) 4. Chief Engineer, PDD Ladakh (Member) 43. The composition of the committee will be as follows: 1. Commissioner/Secretary, PDD (Chairman) 2. Chief Engineer, PDD Jammu (Member) 3. Chief Engineer, PDD Kashmir (Member) 4. Chief Engineer, PDD Ladakh (Member) 43. The committee shall meet twice every month and monitor/ensure implementation of statutory safety measures and regulations as enshrined in Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 in letter and spirit. Further, it is a matter of common knowledge that maximum cases of electrical accidents arise due to live wires lying on the ground or hanging at arms length, overhead wires passing within reachable distance of human hands, in this regard, District Magistrates of all districts in Jammu & Kashmir and Ladakh shall ensure compliance of Regulation 58 of Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 on war footing i.e. within a period of three weeks, which provides for clearance above ground level of conductors of overhead lines including electricity service lines. 44. The colossal loss of human lives and especially children is totally unacceptable, grim and heart rending, such unfortunate deaths continue to occur and the statutory regulations are being flouted with impunity which is the root cause of such deaths/accidents. Article 21 of constitution ensures fundamental rights to each citizen of the country which are inalienable in nature and guarantees citizens right to live and to be treated as an individual of worth. It is in this backdrop, all stake holders should affirm to a fact that payment of compensation cannot be a substitute for loss of life and limbs. Death caused due to failure to follow electricity safety measures by authorities infringes upon the indefeasible constitutional rights of citizens. It is expected that aforesaid directions shall be implemented forthwith without a fail in an endeavour to save and protect the lives of citizens. In absence of safety measures, it can safely be presumed that authorities have the knowledge of danger which the live wires can cause and such negligence will be an act beyond mere mistake or excusable accident, which will fasten criminal negligence on concerned authorities. 45. In absence of safety measures, it can safely be presumed that authorities have the knowledge of danger which the live wires can cause and such negligence will be an act beyond mere mistake or excusable accident, which will fasten criminal negligence on concerned authorities. 45. The Registrar Judicial, Jammu is directed to forward the copy of this judgment to Commissioner/Secretary, Power Development Department, Government of Jammu and Kashmir, Chief Engineer Power Development Department-Jammu, Chief Engineer, Power Development Department-Kashmir, Chief Engineer, Power Development Department, Union Territory of Ladakh and District Magistrates of all districts in Union Territory of Jammu and Kashmir and Ladakh for compliance. 46. The Petition stands disposed of with aforementioned directions.” 13. In view of the submissions made, the present writ petition is fully covered by the judgments mentioned (supra) and is disposed of on the same lines as held by this Court vide order dated 01.03.2023 passed in OWP No. 902/2010 and order dated 27.04.2023 passed in OWP No. 1187/2014. Accordingly, the respondents are directed to pay compensation to the tune of Rs.10,00,000/- (ten lacs rupees) to the petitioners strictly in conformity with the Government Order No. 454-F of 2019 dated 24.10.2019. 14. It is stated at the Bar that respondents have already deposited an amount of Rs.2.00 lacs before the Registry of this Court and out of which Rs.1.00 lac has already been released in favour of the petitioners. Registry to release remaining amount of Rs. 1.00 lac lying with it in favour of petitioners along with interest accrued thereon, within three weeks after proper identification and verification. 15. The respondents are further directed to pay remaining amount of compensation to the tune of Rs. 8.00 lacs to the petitioners within a period of two months, from today i.e., 01.09.2023. In case, the amount, as directed above, is not paid to the petitioners within the stipulated timeframe, the petitioners shall be entitled to interest @ 9% from today and in that eventuality, the interest shall be paid by the officer(s) on whose account, the delay occurs. 16. The present petition stands disposed of in the aforesaid manner. No order as to costs.