SANTU RAM Vs. STATE

JUDGEMENT

(1.) This writ petition has been filed by the petitioners, namely Sh.Santu Ram and his wife, Smt. Pushpa Devi, under Article 226 of the Constitution of India, to claim compensation of Rs. 20 lakhs from the respondents on account of the death of their son Master Sanjay Kumar, aged around 15 years, because of the alleged negligence and dereliction of duty on the part of the respondents.

(2.) The case of the petitioners is that on 10.01.2008 at around 4:15 p.m. their son, Master Sanjay Kumar, was playing cricket along with his friends in DDA Park, near BSF Camp, Sangam Vihar. There were a large number of cemented electric poles which were kept in the middle of the park by BSES in a disorderly manner. While playing cricket in the park, the cricket ball went underneath the electric cemented poles lying there and Master Sanjay Kumar went to retrieve the ball. When the boy was taking out the ball from amongst the poles stacked in a disorderly fashion, one of the poles fell over the head of the deceased which caused fatal injury to the deceased.

(3.) As the incident occurred, many persons gathered on the spot and some of them informed the police. The police then took the injured boy to Batra Hospital, where the doctors declared the boy as brought dead. The medico legal report has also been filed by the petitioners which shows that the deceased was brought in a dead condition to the hospital at 4:45 p.m. on 10.01.2008.