BARUN KUMAR GOSWAMI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court: On 19th May, 2000 at about 9.45 A.M. when the petitioner was crossing the junction of Lyons Range and Brabourne Road in front of Jail Gate, Writers' Buildings, in his Maruti car, having Registration No. WNF 4514, which was being driven by the Driver of the petitioner, Sri Paresh Nath Addy, and when the petitioner was seated in the rear seat, a street lamp post all on a suddent fell on the said car while the car was in motion. As a result thereof the roof of the said car got dented and the said lamp post struck the driver on the head, his right hand, his palm, his wrist and his fingers. The windscreen of the car was also destroyed. The driver of the petitioner was wounded and started bleeding from the head and other affected parts of his body. The car also came to a sudden halt and as a consequence the petitioner was thrown out of the rear seat but the front seat came in the way hitting the abdominal region of the petitioner and in consequence the petitioner suffered pain and agony.

(2.) The driver of the petitioner was treated at S.S.K.M. Hospital and the petitioner was treated by his family physician. The car was taken to the Hare Street Police Station and a General Diary was lodged. By a letter dated 20th May, 2000 the petitioner protested against the said incident. In reply to the said letter by a letter dated 3rd July, 2000, the respondent No. 2, i.e., the Calcutta Municipal Corporation, contended that the electric lamp post in question was not installed, nor the same was being maintained by the said respondent. The Police Authorities reacted to the said letter by a letter dated 16th August, 2000. The contents whereof are as follows:

(3.) In the circumstances the petitioner filed the present writ petition on 31st August, 2000 praying for the following reliefs:- " (a) A writ of and/or in the nature of mandamus do issue commanding the respondents to show cause as to why the untoward incident took place on 19th May, 2000 as stated in the petition and what steps the said respondents have taken inter alia in respect of the same and/or to prevent similar incidents from occurring in future; (b) A writ of and/or in the nature of Mandamus do issue commanding the respondents to pay adequate compensation to the petitioner as this Hon'ble Court fit and proper; (c) A writ of and/or in the nature of certiorari do issue calling upon the respondents to produce all records relating to the installation and maintenance of street lamp post before this Hon'ble Court so that conscionable justice may be done upon considering the same; (d) Rule NISI in terms of prayer (a), (b) and (c) above; (e) Directing the respondent authorities to forthwith enquire into the incident of 19th May, 2000 and take appropriate steps in respect of the same; (f) Ad interim order in terms of prayer (e) hereinabove; (g) Costs of and/or incidental to this application be paid by the respondent authorities; (h) Such further and/or other order or orders be passed and/or direction or directions be given as this Hon'ble Court may deem fit and proper."