IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WA.No. 2832 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.36426/2008 Dated 12/12/2008 .................... APPELLANTS/PETITIONERS: ------------------------------ 1. SEENA GIGI, W/O.LATE GIGI VARKEY, MAMMOOTTIL KIZHAKATHIL, CHAKKARAPARAMBU, THAMMANAM, ERNAKULAM, KOCHI-32. 2. M.G.VARKEY, MAMMOOTTIL KIZHAKATHIL, CHAKKARAPARAMBU, THAMMANAM, ERNAKULAM, KOCHI-32. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS/RESPONDENTS: ---------------------------------- 1. STATE OF KERALA, REP.BY ITS PRINCIPAL SECRETARY, PWD, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CORPORATION OF KOCCHI, REP.BY SECRETARY, KOCHI. 3. THE DISTRICT COLLECTOR, KOCHI. 4. THE CHIEF ENGINEER, PWD ROADS DIVISION, THIRUVANANTHAPURAM. 5. ASST.EXECUTIVE ENGINEER, PWD ROADS DIVISION, CIVIL LANE ROAD, KAKKANAD, ERNAKULAM. 6. S.I.OF POLICE, CTPS, EDAPPALLY, ERNAKULAM. R1, R3 TO R6 BY SENIOR GOVT. PLEADER,SMT. K. MEERA. R2 BY SRI. S. RAMESH BABU, SC. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2832 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of December, 2009 JUDGMENT A.K. Basheer, J. Appellants are the stated to be wife and father of late Gigi Varkey who succumbed to the injuries sustained by him in a road traffic accident which occurred on 31.12.05 at Pipe Line Junction, Palarivattom within the limits of Cochin Corporation. Appellants alleged that the victim suffered the fatal head injuries when his bike overturned after “jumping into a deep and wide gutter” on the road. 2. Appellants filed the Writ Petition praying for issue of a writ in the nature of mandamus or such other appropriate writ, order or direction to respondent Nos.1 to 5 to award a sum of Rs.20,00,000/- as compensation for the death of Gigi Varkey. Appellants contended that the tragic accident occurred only because of the negligence and failure of the respondents in maintaining the road in a proper and good condition. The learned Single Judge took the view that the appellants have to approach the appropriate forum for the reliefs sought for. WA No.2832 of 2009 -:2:- 3. As rightly noticed by the learned Judge, the question whether the respondents are liable to pay compensation, has to be adjudicated in a proceeding in which parties would be able to lead evidence. This can be done in a Civil suit or such other proceeding and not in a proceeding under Article 226 of the Constitution of India. 4. Having carefully perused the materials available on record and having heard learned counsel for the parties, we do not find any illegality in the order passed by the learned Single Judge. There is no merit in the contentions raised by the appellants. Hence the appeal fails and it is accordingly dismissed. However, we make it clear that it will be open to the appellants to pursue the other remedies, if any available to them, in accordance with law. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb WA No.2832 of 2009 -:3:-