The Registry raised a query with regard to the maintainability of the Writ Petition for the reason that the relief sought for in the Writ Petition can be claimed only before the Civil Forum.
2. The petitioner has filed the Writ Petition to issue a writ of mandamus directing the respondent to pay due compensation to the petitioner arising out of the death of her husband Kanniappan in the accident that took place on 24.03.1963.
3. It is the case of the petitioner that her husband had died in a road accident in the year 1963 involving an Army vehicle. The accident had occurred at Delhi when the deceased had gone to Delhi to participate in All India Cycle Championship. According to the petitioner, the Army Truck vehicle that came in the opposite direction in a rash and negligent manner, hit against the deceased, which resulted in the death of her husband.
4. Since the deceased had died in a road accident, the petitioner should have filed a claim petition before the Motor Accidents Claims Tribunal for claiming compensation for the death of her husband. That apart, the petitioner has approached this Court after a lapse of 50 long years. The claim made by the petitioner is a matter for evidence, which cannot be decided under Article 226 of the Constitution. The petitioner cannot invoke Article 226 of the Constitution claiming compensation for the death of her husband, who had died in a road accident when she had remedy under the Motor Vehicles Act for claiming compensation before the Motor Accidents Claims Tribunal .
5. The query raised by the Registry is upheld and I am of the view that the Writ Petition is not maintainable. Accordingly, the Writ Petition is rejected. No costs.
Index : No 06.09.2017 Internet : Yes va To The Adjutant General, Additional D.T.E. General Personnel Services, Adjutant General's Branch, Integrated Headquarters of M.O.D., (Army), Plot No.108 (Rest), Brassey Avenue, Church Road, New Delhi – 110 001.
M.DURAISWAMY, J.
va W.P.(SR).No.79097 of 2017 06.09.2017