IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.416 of 2003 Between: 1 Smt. Somadula Satyavanthi, W/o. Late Somulu, R/o D. NO. 10-29-41/48, Bhanoji Nagar, Relli Veedhi, Visakhapatnam 2 Sri Somadula Suribabu, S/o. Late Somulu, R/o D. NO. 10-29-41/48, Bhanoji Nagar, Relli Veedhi, Visakhapatnam 3 Sri Somadula Apparao, S/o. late Somulu, R/o D. NO. 10-29-41/48, Bhanoji Nagar, Relli Veedhi, Visakhapatnam 4 Sri Somadula Malleswara Rao, S/o. late Somulu, R/o D. NO. 10-29-41/48, Bhanoji Nagar, Relli Veedhi, Visakhapatnam ..... PETITIONER(S) AND 1 The Principal Secretary to Government, Home Department, Governemnt of Andhra Pradesh, Secretariat, Hyderabad 2 The District Collector, Collectorate, Visakhapatnam. 3 The Commissioner of Police, Police Commissionerate, Visakhapatnam. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus directing the respondents herein to pay Rs. 3,00,00/- (Rupees three lakhs only) as compensation as the respondents are vicarious liable for the negligent act committed by the public servant and pass. Counsel for the Petitioner :MR.SRINIVASA RAO KESAPRAGADA Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.416 of 2003 ORDER: It is the case of the petitioners that Sri Somulu, who is the husband of the 1st petitioner and father of petitioners 2 to 4, died on 31-08-2001 by receiving bullet due to the negligent act of one Sri V.V.S.Ramakrishna Rao, A.R.P.C.No.632, while handling the weapon provided for security to the Hon’ble Minister. It is stated that late Somulu, who worked as a Sweeper in Visakhapatnam Dock Labour Board, took voluntary retirement from the service, and was living with the petitioners. On the fateful day i.e., on 31-08- 2001, when the said Somulu was sitting on a staircase, which is by the side of the residential premises of Sri Chintakala Ayyanapatrudu, Minister of State of Andhra Pradesh, along with his wife and Sri S.Venkat and while they were conversing, suddenly, they had a rifle sound and they became panicky. Thereafter, the 1st petitioner and Sri Venkat saw that Sri Somulu was in unconscious state and they observed that blood is oozing from his neck. Immediately, the said Venkat and the 1st petitioner shifted Somulu to King George Hospital, Visakhapatnam, where Doctors declared him as dead. Thereafter, the 1st petitioner gave a report, basing on which a case in Cr.No.457 of 2001 was registered against the said Ramakrishna Rao for the offence under Section 304 (a) IPC by the III Town Law and Order Police Station, Visakhapatnam. It is stated that the post-mortem report revealed that bullet, which was found in the neck of the deceased, is the same bullet, which came from the weapon of the said Ramakrishna Rao. It is stated that late Sri Somulu was drawing pension and the whole family is depending on his pension. The Government gave only Rs.4,000/- towards funeral expenses and the family of the petitioner is facing financial problems. It is stated that the respondents are vicariously liable for the alleged act committed by the public servant i.e., V.V.S.Ramakrishna Rao. The damage, pain and suffering and mental agony caused to the petitioners, due to the sudden death of late Sri Somulu, is incalculable and irreparable, but, for the upliftment of the petitioners in the society, the respondents are required to pay an amount of Rs.3,00,000/- by way of compensation. It is stated that though notice was issued to the respondents calling upon them to pay compensation of Rs.2,00,000/-, as they are vicariously liable for the alleged act committed by the public servant, no action has been taken so far. A counter has been filed by the Commissioner of Police, Visakhapatnam, stating that basing on the complaint made by the 1st petitioner on 31-08-2001 stating that at about 4.00 p.m., while the 1st petitioner, Somulu along with others were sitting on the steps by chit chatting, suddenly they heard the sound of firing and found that Somulu had fallen to ground with bleeding injuries and immediately they got admitted him in K.G.Hospital and in the casualty, the doctor declared him as dead. The investigation revealed that Sri V.V.S.Ramakrishna Rao, A.R.P.C. 632, was negligent in handling the weapon provided for the security to the Hon’ble Minister and prima facie case was made out against the said Ramakrishna Rao, as he was negligent while discharging his duty with rifle in the Minister’s house. For the said negligent act, a case in Cr.No.216 of 2001 was registered against the said Ramakrishna Rao and a charge-sheet was also filed against him and the same was numbered as C.C.No.129 of 2002 and after trial, the said case was ended in acquittal. Merely because the public servant was acquitted, it cannot be said that the respondents are not liable to pay any compensation. It is not in dispute that the death was occurred due to the negligent act of the public servant and, therefore, the respondents are vicariously liable for the negligent act committed by the said Ramakrishna Rao. Further, the issuance of notice by the petitioners, calling upon the respondents to pay compensation, has not at all been disputed. Having regard to the facts and circumstances of the case, I am of the opinion that as the deceased was aged about 50 years at the time of his death and as the claim itself is made only for Rs.2,00,000/- in the notice, it is just and reasonable to direct the respondents to pay compensation of Rs.1,00,000/- to the petitioners. Accordingly, the writ petition is allowed directing the respondents to pay compensation of Rs.1,00,000/- (Rupees one lakh only) to the petitioners. There shall be no order as to costs. ___________ 19-06-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MN}