C.W.P NO. 5426 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 5426 OF 2009 DECIDED ON : 02.04.2009 Phoolkali and others ...Petitioners versus State of Haryana and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Pankaj Middha, Advocate, for the petitioners. SURYA KANT, J. (ORAL) The petitioners are the legal heirs/dependents of Risaldeen who unfortunately expired in a road accident. The accident had occurred as the motorcycle of the deceased struck into the decayed tree which had fallen on the road and was not removed by the respondent authorities- the Forest Department. The petitioners have, therefore, sought compensation arising out of the tortious liability of the respondents. In this regard, legal notice dated 17.02.2007 (Annexure P-5) was also served on behalf of the petitioners but without any response. The petitioners rely upon various judgments of the Hon'ble Supreme Court awarding compensation to the victims of varied situations. C.W.P NO. 5426 OF 2009 -2- Having heard learned counsel for the petitioners and keeping in view the nature of relief sought in this writ petition, I deem it appropriate to dispose of the same with a direction to the Principal Secretary, PWD (B & R), Government of Haryana as well as the Secretary, Forest and Wild Life Department, to resolve between themselves and dispose of the claim of the petitioners regarding grant of compensation in the light of the judgments relied upon by them, photo stat copies of which shall be sent to both the authorities by the petitioners, along with a supplementary representation. The authorities are directed to dispose of the petitioners' claim within a period of four months from the date of moving such supplementary representation. The petitioners' claim shall be decided on merits notwithstanding the suit for damages, if any, filed by them which the petitioner's counsel undertakes to withdraw. Disposed of. Let a copy of this order be given dasti on payment of usual charges. APRIL 02, 2009 (SURYA KANT) shalini JUDGE