IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(C).No. 36426 of 2008(J) PETITIONER(S): --------------- 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 RESPONDENT(S): --------------- 1. STATE OF KERALA, PWD REPRESENTED BY ITS PRINCIPAL SECRETARY KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CORPORATION OF KOCHI REPRESENTED BY SECRETARY, KOCHI. 3. THE DISTRICT COLLECTOR, KOCHI. 4. THE CHIEF ENGINEER PWD ROADS DIVISION, THIRUVANANTHAPURAM. 5. ASST.EXECUTIVE ENGINEER PWD ROADS SUB DIVISION, CIVIL LANE ROAD, KAKKANAD, ERNAKULAM. 6. S.I.OF POLICE, CTPS EDAPPALLY, ERNAKULAM BY ADV. SRI. S. RAMESH BABU, S.C. GOVT. PLEADER SMT.N. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 36426 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 12th December, 2008. J U D G M E N T Petitioners are the wife and father of late Gigi Varkey who died on 3-1-2006 in a road traffic accident occurred on 1-1-2006 at Pipe Line Junction, near Palarivattom by-pass road. The petitioners have filed this writ petition seeking damages from the respondents on the ground that the accident occurred solely because of the fact that the road was in a totally damaged condition. According to the petitioners, in view of Ext. P2 final report filed before the Magistrate, it cannot be disputed that the accident occurred because of the negligence on the part of the respondents in maintaining the road properly. 2. I am of opinion that, that is a fact which the petitioners have to prove in a form where evidence can be adduced in support of the contention of negligence. Further, there should also be evidence to prove the quantum of damages. That being so, the claim of the petitioners for damages cannot be adjudicated in proceedings under Article 226 of the Constitution of India, where ordinarily this Court cannot take evidence. In the above circumstances, without prejudice to the right of the petitioners to seek other remedies like filing a suit for damages, this writ petition is dismissed. S. Siri Jagan, Judge. Tds/