IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2832 of 2009()
1. SEENA GIGI, W/O.LATE GIGI VARKEY,
... Petitioner
2. M.G.VARKEY,
Vs
1. STATE OF KERALA, REP.BY ITS
... Respondent
2. CORPORATION OF KOCCHI,
3. THE DISTRICT COLLECTOR, KOCHI.
4. THE CHIEF ENGINEER,
5. ASST.EXECUTIVE ENGINEER,
6. S.I.OF POLICE, CTPS, EDAPPALLY,
For Petitioner :SRI.V.PHILIP MATHEW
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER
Dated :17/12/2009
O R D E R
S.R. Bannurmath, C.J. & A.K. Basheer, J.
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W.A.No. 2832 OF 2009
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Dated this the 17th day of December, 2009
JUDGMENT
A.K. Basheer, J.
Appellants are the stated to be wife and father of late Gigi
Varkey who succumbed to the injuries sustained by him in a
road traffic accident which occurred on 31.12.05 at Pipe Line
Junction, Palarivattom within the limits of Cochin Corporation.
Appellants alleged that the victim suffered the fatal head
injuries when his bike overturned after “jumping into a deep and
wide gutter” on the road.
2. Appellants filed the Writ Petition praying for issue of a
writ in the nature of mandamus or such other appropriate writ,
order or direction to respondent Nos.1 to 5 to award a sum of
Rs.20,00,000/- as compensation for the death of Gigi Varkey.
Appellants contended that the tragic accident occurred only
because of the negligence and failure of the respondents in
maintaining the road in a proper and good condition. The
learned Single Judge took the view that the appellants have to
approach the appropriate forum for the reliefs sought for.
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3. As rightly noticed by the learned Judge, the question
whether the respondents are liable to pay compensation, has to
be adjudicated in a proceeding in which parties would be able to
lead evidence. This can be done in a Civil suit or such other
proceeding and not in a proceeding under Article 226 of the
Constitution of India.
4. Having carefully perused the materials available on
record and having heard learned counsel for the parties, we do
not find any illegality in the order passed by the learned Single
Judge. There is no merit in the contentions raised by the
appellants. Hence the appeal fails and it is accordingly
dismissed.
However, we make it clear that it will be open to the
appellants to pursue the other remedies, if any available to them,
in accordance with law.
S.R. Bannurmath,
Chief Justice.
A.K. Basheer,
Judge.
ttb
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