CIVIL WRIT PETITION NO. 17798 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CIVIL WRIT PETITION NO. 17798 of 2010 DATE OF DECISION: JUNE 1, 2011 Gurmeet Kaur & others .....Petitioners VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. G.C. Shahpuri, Advocate, for the petitioners. Mr. S.S. Patter, DAG, Haryana, for the State. Mr. G.S. Hooda, Advocate, for respondent No.3. **** RANJIT SINGH, J. On 4.6.2010, the husband of petitioner No.1 was returning from his work to his house on a motor cycle. There was a storm, due to which a big old tree standing inside the park, fell down towards the main road and hit the late husband of petitioner No.1 in area of Bhagar Singh Park, Yamuna Nagar, leading to his death. DDR was registered. The post mortem was also conducted. Petitioner No.1 made numerous requests for compensation on account of accidental death of her husband. Once the same was CIVIL WRIT PETITION NO. 17798 of 2010 -2- denied, the petitioners have approached this Court through the present writ petition. The respondents are giving this incident a colour of pure and simple accident. In order to succeed, the petitioners will have to prove the negligence on the part of the respondents or their agents which lead to this death. Writ court may not be an appropriate forum to decide this disputed factual position. Whether such compensation would be payable when the death is due to some natural cause, would also require consideration. It would be more appropriate to the petitioner to file civil suit where the negligence can be proved by relevant evidence and material. The petitioners, if so advised, may file a civil suit where all these issues can be adjudicated or decided. The petitioners will have to also prove the quantum of compensation required to be paid due to this death, if negligence is otherwise established. The petitioners are, therefore, relegated to the remedy of filing civil suit. The writ petition is, accordingly, disposed of. June 01 , 2011 ( RANJIT SINGH ) monika JUDGE