The petitioner, wife of a deceased claimant, filed a writ petition seeking damages from the respondent for a motor accident. The Court held that the remedy is civil, not a writ, and dismissed the petition by observing the alternative remedy available.
Petition rejected as the remedy lies in civil court, not writ jurisdiction.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL WRIT PETITION NO. 1570 OF 2009
Anita Harichandra Bhosale] .. Petitioner
Versus
Sachin Sakharam Bhaud
] .. Respondent
None for the petitioner.
CORAM: S.B. MHASE & D.B. BHOSALE, JJ.
DATED: 24TH FEBRUARY, 2009
P.C. :
1. None for the petitioner.
2.The petitioner is the wife of the deceased
Harichandra Bhosale. On 17th October, 2006, the
deceased met with an accident and the petitioner alleges
that the respondent was responsible for the said
accident. Therefore, the petitioner claims damages
and/or compensation from the respondent, who is an
individual. In fact, the remedy of the petitioner is
not a Writ, but if she so desires, she may follow the
alternate remedy available to her.
3.Writ Petition rejected.
Sd/-
Sd/-
: 2 :
[D.B. BHOSALE, J.]
[S.B. MHASE, J.]
1 issue framed by the court
Whether the High Court should entertain a writ petition for compensation in a motor accident proceeding where the cause of action is purely civil.
Anita Harichandra Bhosale
Sachin Sakharam Bhaud
S.B. MHASE
D.B. BHOSALE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court