IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (C) No. 4626 of 2007
Malti Devi Petitioner.
Versus
The State of Jharkhand & Others. Respondents
Coram: Hon'ble Mr. Justice D. N. PATEL
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For the Petitioner : Mr. Dr. S. N. Pathak
For the State : Sr. S. C. II
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7/18th February, 2009
1. The present petition has been preferred for claiming damages of
accident to the husband of the present petitioner, who has expired by
Private Railway Track belonging to the National Thermal Power
Corporation on 20th November 2006. The claim of Rs. 32,00,000/-(Thirty
Two lacs) has been made by the present petitioner by way of damages.
2. I have heard counsel for the both sides and looking to the facts, it
appears that instead of filing of a suit for compensation, the present
petition has been preferred by the widow of the deceased, who was
serving as Assistant Sub-Inspector of Police. It is emerging from the
facts that the husband of the petitioner met with an accident at the
Private Railway Track belonging to respondent No. 2 on 20th
November, 2006. All argument, which have been raised in the present
petition can be canvassed in the suit for compensation and damages.
The suit for compensation and damages ought to be filed instead of the
present petitioner, as a number of disputed question of fact like the
salary of the deceased negligence, contributory negligence nature of
future loss etc. are involved. It is also contended by the counsel for the
respondent no. 2 that surveyor to the Insurance Company has also
asked for some details from the petitioner.
2.
3. The Railway Track has been insured by the respondent no. 2 with
Oriental Insurance Company. If the suit is filed for seeking damages or
compensation, care may be taken by the trial court while deciding the
issues involve in this writ petition by taking evidences. Damages are to
be proved by laying cogent and convincing evidences.
4. Looking to the nature of the allegations in this writ petition
evidences will be necessary and therefore, this writ petition is disposed
of only on the ground that the petitioner shall prefer the suit for
damages or compensation.
5. This writ petition is disposed of only on aforesaid ground,
without entering to the merits of the case.
(D. N. Patel. J)
Kamlesh/