RITA KISHORE Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is a suit for recovery of Rs.42 lakh as damages and compensation. Late Sh. Giri Raj Kishore, husband of plaintiff No.1 and father of plaintiffs No.2 and 3, was an employee of defendant DDA, working as Assistant Field Investigator and he died in a fatal accident while on duty, in DDA office at Vikas Sadan, New Delhi, when he was crushed by a lift. It is alleged that the defendant had provided defective and ill-maintained lift for its employees, in violation of safety rules, which resulted in the aforesaid fatal accident claiming the life of Sh. Giri Raj Kishore. At the time of his death Sh. Giri Raj Kishore was about 37 years old and had another 21 years to retire. It is alleged that he was drawing a salary of Rs.4000/- per month at that time. The plaintiffs have claimed Rs.37 lakh towards loss of salary benefits, economic loss, retirement benefits, etc. and a sum of Rs.5 lakh has been claimed as damages for installing unsafe lifts which resulted into the fatal accident, causing corporeal loss, mental torture and agony to the plaintiffs.

(2.) The defendant has contested the suit and has claimed that since it has already paid leave encashment, gratuity, the amount lying in GIS and benevolent fund and is also paying family pension, the plaintiffs are not entitled to any amount. It is also alleged that the accident occurred due to failure of the machine and not on account of any negligence of any official of DDA. On merits it has been admitted that late Sh. Giri Raj Kishore was working as Assistant Field Investigating Officer and was survived by the plaintiffs. It is also admitted that the accident occurred on 21st April 1994 when lift No.1 broke down and took an upward jump when Sh. Giri Raj Kishore put his foot outward, as a result of which he got stuck and was seriously injured. He was taken to All India Institute of Medical Science, but could not be saved. The accident, according to the defendant, occurred due to technical defect in the lift. It is further alleged that an enquiry was setup by the defendant wherein two officials of DDA namely Om Vir Singh, Lift Operator and B.C. Joshi, Mechanic, were blamed for allowing the passengers in the lift which otherwise was not found functioning satisfactorily for last ten days. The chargesheet was accordingly issued to Sh. Om Vir Singh, who was suspended on 21st April 1994. However, consequent to his acquittal by the Court his suspension was reviewed and he was reinstated vide order dated 7th June 1996. It is, however, not disputed that Sh. Giri Raj Kishore was about 37 years old at the time he died and had he remained alive, he would have continued to serve DDA for 21 more years. It is also alleged that DDA had offered allotment of a flat to the plaintiff for a consideration of Rs.4,01,400/-, which was less than half of the prevailing market price and this allotment was also a compensation since late Sh. Giri Raj Kishore was not registered with DDA for allotment of a flat.

(3.) The following issues were framed on the pleadings of the parties on 4th March 1998:-