Srinagar, Apr 23: The High Court of J&K and Ladakh has dismissed a plea by a family from north Kashmir’s Pattan that was seeking the court’s intervention for compensation of Rs 30 lakh for the death of their daughter as a poplar tree fell on her amid a windstorm in 2012.
“The windstorm was an act of nature and negligence is not attributable to the respondents (authorities),” a bench of Justice Sindhu Sharma said in the judgment it delivered in response to the plea seeking to pay compensation to the family for the negligent act of the authorities.
“The trees which were growing on the side of the road are not in non-natural use of the land or a hazardous activity to attract the principle of strict liability,” the court said. “This apart, the issue of whether there was a windstorm on the fateful day and same resulted in the 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.”
The family contended that their 18-year-old daughter was walking on the road on March 20, 2012, when due to strong winds a poplar fell on the victim and injured her critically along with some other persons.
She was shifted to SKIMS where she succumbed three days later.
The family contended that the Public Works Department (PWD) failed to maintain the trees along the road, which were old and half-broken.
It said: “These trees were negligently managed by the authorities as a result they broke down and fell on the girl.”
The family 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 the person and property of others may be allowed to be carried on but subject to the safety measures, is attracted.
The family said that the poplars along the roadside were being managed negligently by the Public Works Department (PWD) as there was no pruning and removal of the dry, dead, and half-broken trees which resulted in the accident.
In its objections to the plea, the authorities contended that on the fateful day, there was a huge storm which resulted in the uprooting and breaking of many trees throughout Kashmir.
“So, the damage caused was due to natural calamity – ‘An act of God,’” they said.
The authorities said that trees were on the roadside 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.
“The sudden act of nature which could not be foreseen and had resulted in the falling of the trees would not make them liable to pay compensation,” they said.