THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.6372 of 2005 Dated: 11.11.2010 Between: K.P.Jaya Mohan. .. Petitioner. and Government of Andhra Pradesh, Technical Education, Hyderabad, rep. by its Secretary, and others. .. Respondents. ORDER: It is the case of the petitioner that on 10.02.2004, while his son J.Vikas Mohan was doing practicals in the lab of the 3rd respondent College, he met with an accident due to sudden burst of Mobile Water Gas Cylinder and succumbed to injuries while undergoing treatment in Mahavir Hospital & Research Centre on the same day at about 7.20 p.m. Thereupon, a complaint was lodged before the Assistant Commissioner, Asifnagar Zone, Hyderabad, and it was registered as a case in Crime No.41 of 2004 on the file of Humayun Nagar Police Station, Hyderabad. It is the further case of the petitioner that on 11.02.2004, the Commissioner for Technical Board addressed a letter to him stating that for the incident which resulted in the unfortunate death of his son and the injuries to one T.Ramakrishna, both final years students of Automobile Engineering, he assured to take up the matter to the notice of the Government for providing financial help and other possible benefits as expeditiously as possible. The petitioner states that he made a representation to the Government of Andhra Pradesh, but only an amount of Rs.10,000/- was extended to him as financial assistance under Chief Minister Relief Fund. The grievance of the petitioner is that since the State is vicariously liable for negligence on the part of the 3rd respondent, which resulted in the death of his son, he is entitled for compensation of Rs.5,00,000/- for the death of his son. Hence, this writ petition is filed seeking appropriate directions. A detailed counter affidavit has been filed on behalf of the 1st respondent stating that after detailed enquiry, the police submitted their final report to the effect that there is no fault on the part of the 3rd respondent college staff for the death of the son of the petitioner. It is further stated that while the son of the petitioner and another student, out of curiosity and anxiety, were attending to the project work during the lunch hour without informing to the lecturers, Head of Automobile Engineering and other students, the incident occurred and it was only due to the negligence on the part of the son of the petitioner and another student and not due to the negligence of College staff, management or Government, and therefore, the Government cannot be made responsible for payment of compensation on the ground that the 3rd respondent College was negligent. This is a case of claiming compensation attributing negligence on the part of the respondents. However, the respondents have not admitted their negligence and, on the other hand, the investigation conducted by the police revealed that there was no negligence on the part of the respondents. In these circumstances, I am of the considered opinion that whether there is negligence on the part of the respondent cannot be decided under Article 226 of the Constitution of India and therefore the writ petition is liable to be rejected on this ground alone. The writ petition is, accordingly, dismissed. However, it is made clear that the petitioner may file an appropriate claim petition before the competent Court of law, claiming compensation for the death of his son, and upon filing such claim petition, if any, the competent Court shall entertain the same without taking any objection as to limitation and decide it uninfluenced by any of the observations made herein or in the final report submitted by the police. No order as to costs. _____________ C.V.RAMULU,J 11.11.2010 v v