Srinagar- The High Court of J&K and Ladakh dismissed the plea of a family from Pattan, Baramulla seeking Rs 30 lakh compensation along with 18% interest for the death of their 18-year-old daughter who died after a poplar tree fell on her during a windstorm in 2012. The HC stated that the poplar trees growing on the roadside are not hazardous and the falling of the tree was due to an act of God (natural calamity) and not due to negligence on the part of the Public Works Department (PWD).
“The trees growing on roadside are not in ‘non natural use of the land or an hazardous activity’ to attract the principle of strict liability,” the High Court held.
In its plea, the family from Pattan in Baramulla district had submitted that their 18-year-old daughter was walking on the road on 20 March, 2012 when, due to heavy winds, a poplar tree fell on her and injured her critically along with some other persons. She was shifted to hospital (SKIMS) by the relatives but succumbed to words three days later, they said.
They had submitted that the Public Works Department (PWD) failed in maintaining the trees, which were old and also in a half-broken condition. They claimed that due to “negligence and carelessness”, the rule of “Strict Liability”, which envisages that many activities which are hazardous and may constitute a constant danger to person and property of others may be allowed to be carried on but subject to the safety measures, is attracted.
The family’s contention was that the poplar trees at the roadside were being managed in a negligent manner by PWD as “there was no pruning and removal of the dry, dead and half broken trees which resulted in the accident.”
On the other hand, the authorities said that on the fateful day, there was a huge storm which resulted in uprooting and breaking of many trees throughout the Kashmir Valley, therefore, the damage caused was due to natural calamity i.e., an act of God.
The authorities said that trees were on the road side and did not fall within the dangerous activity or non-natural use of land and as such the liability on them in this regard was very limited.
According to the authorities, the sudden act of nature which could not be foreseen had resulted in falling of the trees which would not make them liable to pay compensation
“The trees which were growing on the side of the road are not in non natural use of the land or an hazardous activity to attract the principle of strict liability,” a bench of Justice Sindhu Sharma said, adding, “The wind storm was an act of nature and negligence is not attributable to the respondents (authorities). This apart, the court said, the issue whether there was wind storm on the fateful day and same resulted in falling of the tree on the girl and whether the authorities were negligent in maintaining these trees and had not removed the dead and half broken tree, “are all questions of fact which cannot be considered by this Court in these proceedings.” Subsequently, the court dismissed the petition.
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