RAMESH DEVI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) A gentleman by the name of Shri Veer Singh, who was the husband of the petitioner, was running a cycle repair shop adjacent to the wall of office of the respondent DDA situated at Asaf Ali Road, New Delhi. On 25.08.1990 at about 6.00 A.M. the wall collapsed on Shri Veer Singh and he sustained multiple fractures, blunt injury abdomen with bilateral fracture ribs and left hemopneumoptherah and scapule, Paraplegia Ducto Spinal injury and crush injury -right hand. Shri Veer Singh was shifted to Loknayak Jai Prakash Narain Hospital, New Delhi and MLC was prepared on 25.08.1990. On 27.8.1990 he passed away due to injuries sustained by him. He was aged about 38 years at the time of his death. A case is stated to have been registered under Section 337 of the IPC vide FIR No. 133/1990 on 25.08.1990 but on the death of Shri Veer Singh, the case was converted to under Section 304 of the IPC.

(2.) THE writ petition has been filed by the petitioner herein for various reliefs on account of negligence on the part of the respondent to maintain and keep its property in good condition. It is stated that the structure was weak and no periodic check ups were done. If proper caution have been taken, the accident could have been avoided. As a result of the negligent conduct of the respondent, the wall collapsed and caused injuries to late Shri Veer Singh.

(3.) THE respondent paid a sum of Rs. 20,000/ - as ex -gratia and is stated to have assured that she would be absorbed in the employment as a special case. The petitioner first served a legal notice on 16.11.1990 followed by another legal notice dated 16.02.1991, prior to the filing of the present writ petition. In the writ petition, it is also stated that Late Shri Veer Singh was earning about Rs. 1500/ - per month and the dependency of the children was about Rs. 1200/ - per month. The pecuniary loss has been quantified at Rs. 3 lakhs, as a result of the loss of income apart from the loss of affection and care to the children.