OM PRAKASH Vs. GOVT.OF NCT OF DELHI

JUDGEMENT

(1.) ON 12.07.2010, there was heavy downpour, coupled with storm in Delhi resulting in water logging on various roads, including a narrow lane (patli gali) at Nickolson Road, Kashmiri Gate. Late Lokesh Kumar, son of the petitioner, who at that time, was aged about 18 years and was pursuing his graduation with Delhi University, had on the fateful day gone out for some work. The case of the petitioner is that when Lokesh was passing through the above referred narrow lane (patli gali), he came into contact with the iron grill gate installed there and got electrocuted since electricity current at that time was flowing in the said iron gate. Lokesh Kumar, at the time he came into contact with the iron grill gate, was in knee deep water, which had collected near the gate and was fully drenched. He was taken to St. Stephen's Hospital, where he was declared brought dead and cause of death was reported to be electrocution, comatose (state of coma), etc. A post mortem of his dead body was also conducted at Aruna Asaf Ali Hospital and it was confirmed. The petitioner vide a criminal complaint before CMM, Delhi, which resulted in FIR being FIR No. 129/2011 being registered by the police.

(2.) THE petitioner demanded compensation amounting to Rs 50,00,000/ , from the respondents on the ground that his son had died on account of their negligence and, therefore, they were liable to compensate him. Since no compensation was paid to the petitioner for the untimely death of his son, he is before this Court, seeking the following reliefs:

(3.) IN its counter affidavit, respondent North Delhi Municipal Corporation has state that the narrow lane in which this incident took place does not fall under its jurisdiction since it was being maintained by the residents/shop keepers of the locality. It is also claimed in the counter affidavit that the death of Lokesh is not attributable to any negligence on the part of MCD officials. It is further stated that as a matter of fact, live wire may have fallen on the gate of the narrow lane and the boy may have come in contact with that Iron Gate and got electrocuted.