O R D E R:

1. The instant Writ Petition has been filed to declare the action of respondents No.2 to 4 in not paying compensation amount of Rs.50,00,000/- to the petitioners for their negligent and tortious acts who dug the ditch of water pipeline and left negligently without taking any precaution, which caused the death of the 1st petitioner’s husband as illegal, arbitrary, unjust and violation of Articles 14, 16 and 21 of and consequently direct the 1st respondent to take action against respondents No.2 to 3, for their dereliction of duty, failure, negligent and tortuous acts, who dug the ditch of water pipe, without taking any safety measures, which caused the death of the 1st petitioner’s husband namely Mr.R.Lakshman, and to pass such other order or orders as deem fit in the circumstances of the case.

2. The brief facts of the case are that the deceased, Mr.R.Laxman, was working as a Telephone Mechanic (TM) in the office of Bharat Sanchar Nigam Limited, Telephone Building, Trimulghiri, Secunderabad, and he was aged about 55 years, and drawing an amount of Rs.40,507/- per month towards his gross salary, and the petitioners are the only surviving legal heirs of the said Mr.R.Laxman. It is further contended that on the unfortunate day, i.e., on 18.05.2014, he went out at about 9.00 p.m., in order to go to a Medical Shop at Yapral Bus Stand and while proceeding on the main road at Yapral, he accidentally fell into a ditch of a water pipeline, which was dug and left negligently without taking any safety measures by the 2nd and 3rd respondents, thereby endangering the lives of passersby using the said public road, and that due to the said negligent act of the 2nd and 3rd respondents, the husband of the 1st petitioner unfortunately fell into the said ditch and sustained severe head injuries and multiple grievous injuries all over his body, and died in the said water pipeline ditch on the very same day. As the deceased did not return home that night, the petitioners made efforts to trace him, and on the next day morning, the petitioners received information that the husband of the 1st petitioner had died by falling into the said ditch, and immediately a complaint was lodged before the Alwal Police authorities, who registered a case in Cr.No.445/2014 under Section 174 of Cr.P.C., and the police have taken up investigation.

3. It is submitted that the 3rd respondent is the contractor for laying of water pipelines of Godavari Drinking Water Supply Project Phase-I under the control of the 2nd respondent, and that the 3rd respondent committed a negligent and tortious act and failed to take adequate safety measures at the site of laying water pipelines, the ditches were left open, unguarded, and without any warning signs, barricades, or lighting, thereby posing a serious hazard to the public, and due to such negligence, the husband of the 1st petitioner fell into the said ditch and died on the spot.

4. It is further stated that the 2nd and 3rd respondents are jointly and severally liable to compensate for the unfortunate death of the husband of the 1st petitioner. The 2nd respondent, being the controlling authority of the 3rd respondent and an instrumentality of the State, has a fundamental duty to protect the lives of the public under Article 21 of the Constitution of India, and the 2nd respondent failed to exercise proper supervision of work and necessary precautions to be taken by the 3rd respondent,. The 3rd respondent, being the contractor engaged by the 2nd respondent, and the 4th respondent being the insurer of the said project, covering third-party liability risks, and as the insurance policy was valid and subsisting on the date of accident, respondent Nos.2 to 4 are jointly and severally liable to compensate the petitioners for the death of the husband of the 1st petitioner and father of petitioners No.2 and 3, and the respondents are bound to compensate the loss sustained by the petitioners due to the death of their only breadw