BSES RAJDHANI POWER LTD Vs. VARINDER PRASAD

JUDGEMENT

(1.) THE Appellant BSES Rajdhani Ltd. has filed this intra Court appeal challenging the decision of the learned Single Judge awarding compensation of Rs.15,26,000/ - to the respondents No.1 and 2 herein. The said compensation is given in the writ filed by the respondents No.1 and 2 under Article 226 of the Constitution of India. This writ petition was filed seeking compensation for death of their ten years old son Ajay Kumar due to the collapse of the shed (chhajja) of a house situated at DESU Colony, Najafgarh on 16.6.2007. Respondent No.1 is working as electrician with Delhi Transco Ltd., respondent No.3 herein. The factum of accident in which Sh. Ajay Kumar died is not in dispute. It is also not in dispute that that incident occurred in the DESU colony, Najafgarh. Facts which have emerged on record show that Sh.Ajay Kumar with his friend Mohit Sharma were playing in the park of DESU colony. Suddenly at about 6:30AM, it started raining and in order to protect themselves from the rain, both the children took shelter under the shed of House No.1, Type -V in DESU colony, Najafgarh. Suddenly, the said shed collapsed and Ajay got buried under the debris. One Smt. Kamlesh who was doing her morning walk in the area reached the spot and picked up Ajay from the debris. By that time, he had already succumbed to the injuries.

(2.) IT is also a matter of record that respondents No.1 and 2 are residents of the same colony where the residential accommodation is allotted to them by the employer and their son was playing within that colony.

(3.) THEREAFTER , the learned Single Judge went into the exercise of quantification of compensation and applying the principle laid down by this Court in Kamla Devi v. Government of NCT of Delhi, 114 (2004) DLT 57 the compensation in question has been worked out.