Udhan Singh vs State of J&K and others

The brief points for consideration in this civil revision is that what is the Forum which has to decide the fact of distribution of exgratia

relief/apportionment thereof, which is being granted by the State to next of kin of the deceased who dies due to accident or other natural

calamities.

Here in the present case, the District and Sessions Judge, while hearing suit and application for temporary injunction filed before him by the

appellant, had returned the finding that the fact for determination as to who is the person entitled to receive the exgratia relief in the capacity of next

of kin of the deceased, is to be determined by the Forum of competent authority namely Deputy Commissioner, who is distributing exgratia relief.

It is against this finding that the present miscellaneous appeal has been filed.

It may be noted that the exgratia relief which is being distributed to the next of kin is admittedly not property of the deceased and is not being

inherited by the persons of next of kin of the deceased as legal or otherwise, but is being given to them as next of kin of the deceased who are

otherwise affected by such death or who are having any consolation due to such demise.

Now to determine who is the person who shall be declared as next of kin of the deceased, is no doubt a thing which is to be determined by the

Forum which is other than Executive Forum and it is only judicial Forum who can determine finding after collecting evidence and whatever process

claiming as next of kin of the deceased to this wind fall. So this right is to be determined only by the Court of Civil Competent Jurisdiction and not

by the competent authority under the grant/ distribution of exgratia relief by the authority. So the finding returned by learned District Judge that it is

the competent authority who has to determine next of kin in a dispute where it has been joined by the claimants to claim the exgratia relief. The only

competent authority is the civil court of competent jurisdiction who has to do this.

So I accept the appeal and set aside the finding given by the Court below and remand back case to the concerned Judge with the direction that he

shall frame issues in the matter and record evidence and record finding regarding the distribution of the exgratia relief to be claimed by the rightful

next of kin of the deceased who is alleged to have died in this fateful episode. The amount which has been sanctioned as exgratia relief by the

authority be kept in the Bank by the Court in a fixed term deposit and shall be given to rightful claimants as per determination given by the Court

alongwith interest. In case matter takes more than one year, the amount shall be renewed till final adjudication.

Further it is directed that learned Court shall dispose of matter as expediously as possible and parties shall assist the court in the matter. Parties

are directed to cause their appearance before the Court on 28.10.1997