GIANOO Vs. HEM SINGH

JUDGEMENT

(1.) Petitioner Smt. 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 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.

(2.) 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 passangers got down from the bus, on the instructions of the driver, to help the labourers of Respondent-2 to clear the road expeditously. 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 burried all the passengers including the deceased. Some of the dead bodies could be extricated from under the debris hundreds feet below the road. First Information Report 15/89 was lodged with Police Station, Theog on August 6, 1989.

(3.) 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 lateron.