RISHALO DEVI Vs. SECRETARY NCT OF DELHI

JUDGEMENT

(1.) The present writ petition is filed by the legal representatives of Late Mr. Karamvir Ruhil, seeking compensation for his death caused by falling in an open drain on account of negligence on the part of respondent No. 1 Govt. of NCT of Delhi and respondent No. 2 Municipal Corporation of Delhi.

(2.) Mr. Karamvir Ruhil's dead body was found floating in an open drain at Britania Chowk situated at Sakarpur Colony on 13th May, 2003. The dead body of Mr. Karamvir Ruhil was taken out from the drain, he was identified and his relatives were informed. The police took photographs of the spot/surroundings and the dead body, after it was taken out from the drain. These photographs have been placed on record. As per the post mortem report, Mr. Karamvir Ruhil died due to asphysxia on account of ante mortem drowning and injuries mentioned on external examination were not sufficient to cause his death. The factum and the cause of death are not disputed by the respondents.

(3.) It is an admitted position that the drain in question, which is open and not covered in the said location, belongs to and is maintained by Municipal Corporation of Delhi. The Municipal Corporation of Delhi in addition to other defences raised in the counter affidavit, claims that the Government of NCT of Delhi was constructing a culvert on the drain through a contractor without their permission or coordination and this led to the mishap resulting in the death of the deceased. Government of NCT of Delhi, on the other hand, have filed an affidavit that they were constructing a culvert but the drain in question belongs to Municipal Corporation of Delhi and their drain is beneath the footpath and did not disrupt the existing drain belonging to the Municipal Corporation. In this connection, my attention was drawn to the photographs placed on record by the Government of NCT of Delhi along with their counter affidavit. Thus, the attempt by the Municipal Corporation of Delhi and the Government of NCT of Delhi is to shift burden and blame on the other.