RADHA SINGHA AND ORS. Vs. THE SECRETARY (PWD) TO THE GOVT. OF H.P. AND ORS.

JUDGEMENT

(1.) Petitioner Smt. Radha Singh is the widow of Jagdish Chand Singha, She hails from village Dharoli of District Shimla. Her husband died on August 5, 1989 leaving behind his wife and three minor children -Petitioners in this case. Through this writ petition under Article 226 of the Constitution of India the Petitioners have claimed compensation of rupees ten lac for the negligence of the Respondents. Facts of the case may now be discussed.

(2.) Besides this bus, there were other vehicles standing on the road side. Out of them, one truck was totally damaged on account of the same land slide. This land slide occurred on August 5, 1989 at 4.30 a.m. The first bus Kalpa -Chandigarh had reached this place at 1.30 a.m. while the bus of the deceased reached there later on .

(3.) Some of the dead bodies were shifted to Indira Gandhi Medical College and Hospital, Shimla where they were handed over to their relatives. The Petitioners also received the dead body of the deceased and travelling tickets were found in the pockets of the deceased (Annexure PA) Certificate (Annexure PC) by HC 78, Police Station, Theog substantiates the death of the deceased in this accident and handing over of the body of the deceased to his brother -in -law for cremation. The death certificate (Annexure PD) which has been issued by Medical Officer Incharge, Primary Health Centre, Matiana, describes the death of the deceased due to compound fracture of skull, head injury and multiple crush injuries due to land slide. Petitioner -1 also sought death certificate of the deceased from Gram Panchayat, Khaneti signed by Tehsildar, Kumarsain and Secretary Gram Panchayat, Khaneti (Annexure PE).