Padma Nath v. The State Of West Bengal And ORS.

August 29, 2024 Sl. No.A 68 Court No.9 s.biswas WPA 16618 of 2024 Padma Nath vs.

The State of West Bengal and others Mr. Debasis Sur Mr. Hare Krishna Halder Mr. Dilip Kr. Das ... for the petitioner Mr. Biswabrata Basu Mallick, ld. AGP Mr. Sayan Ganguly ... for the State

1. The relief sought for in this writ petition cannot be granted by a writ court under Article 226 of the Constitution of India.

2. The first prayer in the writ petition is for a direction to pay compensation to the petitioner on account of the death of her husband who allegedly succumbed to injuries from an accident. The next prayer is for an investigation as to the case of the death. The third prayer is for release of compensation under the Motor Vehicles Act.

3. The law prescribes a particular procedure for such claims to be lodged before the appropriate court. The petitioner could have proceeded accordingly. With regard to direction for investigation, this court finds that the investigation was complete and charge-sheet has been submitted. Thus, the investigation has concluded. The writ court is not the appropriate

forum which can grant compensation in a motor accident claims case.

4. Accordingly, the writ petition is disposed of.

5. There shall be no order as to costs.

6. All the parties will act on the basis of the server copy of the order.

(Shampa Sarkar, J.)