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1995 Supreme(HP) 57
High Court Of Himachal Pradesh
BHAWANI SINGH,LOKESHWAR SINGH PANTA
RADHA SINGLIA - Appellant
Versus
SECRETARY (PWD) TO THE GOVT.OF H.P. - Respondent
Civil W. P. No, 621 of 1991
Decided On : 08/11/1995
For the petitioner(s):Shri D.C. Jishtu, Advocate. For the respondent(s):Pt. Om Parkash, Additional Advocate:General, for Respondents 1 and 2. Shri Deepak Gupta, Advocate, for Respondent 3.
The state and PWD are liable for negligence in maintaining national highways and failing to warn of dangers.
Headnote:
NEGLIGENCE - NATIONAL HIGHWAY MAINTENANCE - COMPENSATION - ACT-SECTION REFERRED : NATIONAL HIGHWAY ACT, 1956 - SECTIONS 2, 5 - SUMMARY : Petitioners' husband died in a landslide while clearing a roadblock on a national highway. The court held the state and PWD liable for negligence in maintaining the highway and failing to warn of the danger. Compensation of Rs. 6 lakhs was awarded to the petitioners.
Fact of the Case:
Petitioners' husband died in a landslide while clearing a roadblock on a national highway. The road was being widened by the PWD, and there were signs of earthquake and cloud burst in the area. The petitioners alleged negligence on the part of the state and PWD in failing to maintain the highway and warn of the danger.
Finding of the Court:
The court held that the state and PWD were negligent in maintaining the highway and failing to warn of the danger. The court found that the PWD had been widening the road and blasting rocks, which had weakened the soil and made it susceptible to landslides. The court also found that there were no red flags or signboards warning of the danger, and that the PWD had not instructed its laborers to keep watch over the area and restrain the passengers from going to the site.
Issues: 1. Whether the state and PWD were negligent in maintaining the highway and failing to warn of the danger. 2. Whether the petitioners were entitled to compensation.
Ratio Decidendi: The court relied on the National Highway Act, 1956, which imposes a duty on the state to maintain national highways. The court also relied on case law holding that occupiers and authorities in charge of roads are liable for negligence to aggrieved parties.
Final Decision: The court allowed the writ petition and directed the state and PWD to pay Rs. 6 lakhs to the petitioners within two months. The court also directed that the shares of the minor petitioners be invested in fixed deposit with a nationalized bank till they attain majority.
Bhawani Singh, J.—Petitioner Srat. 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. On August 5, 1989, the deceased was coming to Shimla by night-bus No. HPS 5356 belonging to respondent-3. It was Kaza—Shimla service. When the bus reached Nani Dhank, the road was found blocked due to heavy land slide on the National Highway. When the road was not cleared for a long time, the passengers got down from the bus, on the instructions of the driver, to help the labourers of respond ent-2 to clear the road expeditiously. It has been pointed out that respondent-2 had not put any sign board or red flag for warning people not to approach the dangerous spot. While the passengers were clearing the road, land slide came down immediately and burned all the passengers including the deceased. Some of the dead bodies could be extricated from under the debus hundred feet below the road. First Information Report 15/89 was lodged with Police Station, Theog on August 6, 1989.
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 (Anncxure 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-l also sought death certificate of the deceased from Gram Panchayat, Khaneti signed by Tehsildar, Kumarsain and Secretary Gram Panchayat, Khaneti (Annexure PE).
4. The petitioners complain that the accident took place due to the sheer negligence on the part of respondent-2 since the responsibility to maintain the National Highway was on it. It is a very busy road available for traffic for twenty-four hours. Section 5 of the National Highway Act, 1956 provides that it is the duty of the State to maintain the National Highway. Since respondent-2 failed to maintain the National Highway which resulted in this accident, it is liable to pay compensation to the aggrieved persons. It did not take precautionary measures to provide safe passage to the passengers passing through this road by deploying adequate number of labourers, machines and displaying signals and preventing people from approaching the dangerous site. The deceased was Upper Division Clerk in Electricity Board and was earning Rs. 3018 per month. Petitioner-l was a JBT teacher in a school near her village left with these minor children and great mental shock due to the sudden death of her husband at young age, could not collect documents and pursue the matter at the earliest. After this death, the whole burden of looking after the agricultural land of five Bighas, rearing of the minor children and attending the Government job has fallen on her shoulders. In case compensation is awarded to the petitioners, that may, to some extent, ease her difficulties and help her in looking-after .the children and their
