SURAKSHA BHARDWAJ AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) On 30.01.2003, late Sunil Bhardwaj, a resident of Chandigarh (hereinafter to be referred as the deceased) was driving his car bearing registration No. CH-03-H-3882 towards Jammu. His car was intercepted and stopped by the Police personnel on the National Highway at Jatwal Check Post in Tehsil, Hira Nagar, District, Kathua. When the police personnel were checking the car and its documents, a truck bearing registration No. JK-03-1230 came from the Pathankote side and struck against the car of the deceased from behind. This accident occurred at 10.30 PM. The deceased suffered head injury and became unconscious. One police Head Constable, on duty, namely, Baldev Raj, bearing Belt No. 690 and two others, who were travelling with the deceased, also suffered injuries. The deceased was shifted to the Government Medical College, Hospital, Jammu from where he was taken to Batra Hospital, Jammu and was later shifted to Fortis Hospital, Mohali (Punjab). He, however, succumbed to his injures on 03.02.2003.

(2.) Petitioners, who comprise of the wife, three children and the mother of the deceased, have filed this petition under Article 226/227 of the Constitution of India read with section 103 of the State Constitution to seek a writ of mandamus directing respondents to grant compensation/damages to them and further writ of mandamus directing the respondents to take effective and proper steps for laying the Nakas at Check Posts so that no untoward accident occurs in future.

(3.) The case set up by the petitioners is that the accident had occurred due to negligence of the police personnel as effective and preventive measures were not taken by them, while laying the naka on the road. It is alleged by the petitioners that there was no sign board or lights indicating the laying of the naka on the road. The barricades put up on the road did not have illuminating stickers or lights or signs, which could have been seen by the drivers in the head lights of their vehicles. Illuminating jackets were not worn by the police personnel. The barricades were put up in the middle of the road. There was no speed breaker prior to the place of the naka. It is contended that it was the paramount duty of the Home Department to issue appropriate directions/instructions for taking effective measures while laying nakas by the police personnel and there was negligence on their part not to issue proper directions/instructions. No medical facility was available at the naka point and even highway patrolling ambulance was not available.