UDHAM SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) 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.

(2.) 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 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.

(3.) 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 dur to such demise.