G GAURI SANKAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) On 8-6-1999, the son of the petitioner who was studying in the Goverment Boys High School at Jeypore, went to school to obtain the mark sheet and to know his result in the examination in which he appeared. When he entered the school campus, it started raining heavily. In search of shelter, he along with two other boys stood by the side of the boundary wall of the school. The boundary wall suddenly collapsed and fell over them. Though the other two boys could escape, the son of the petitioner was trapped under the debris. On being informed about the incident by some people, the petitioner who is the father, rushed to the school. The son of the petitioner was taken out from under the debris and being seriously injured was carried to the hospital where he was declared dead. The uncle of the deceased lodged information about this incident in the Jeypore Police Station. On receipt of the said information, the Inspector-in-charge of the said police station registered P.S. Case No. 9 of 1999 corresponding to G.R. Case No. 44 of 1999 and directed the Sub-Inspector of Police to enquire into the matter. After investigation, the police submitted a final report stating that the deceased died due to collapse of the boundary wall which fell over him. On autopsy being carried on the body of the deceased, the Medical Officer opined that the death of the deceased was due to the fall of the boundary wall on him.

(2.) The petitioner who is the father of the deceased, has approached this Court in the present writ petition claiming compensation on account of the death of his son. The petitioner has alleged that the boundary wall of the said school, was constructed by the Public Works Department in the year 1998 and the construction being of a sub-standard nature, the same collapsed within a year. The occurrence being an out-come of negligence on the part of the Public Works Department, the petitioner is entitled to compensation for the loss of the life of his son.

(3.) A counter-affidavit has been filed on behalf of the opp. parties being sworn to by the Assistant Engineer of the Public Works Department, Jeypore. The allegations made in the writ petition while being denied, it has been stated in the counter-affidavit that the boundary wall in question was not constructed in the year 1998 but in the year 1979-80. No comments have been made with regard to the occurrence on the ground that the deponent who has sworn the affidavit was not present at the spot. It has been further pleaded that the Public Works Department is not responsible for the unfortunate death of the son of the petitioner and, thus, the opp.parties are not liable to pay any compensation. The further plea taken by the opp. parties is that the writ petition involves disputed questions of fact and, as such, is not maintainable.