SUBRAMANIUM Vs. DELHI METRO RAIL CORPORATION

JUDGEMENT

(1.) The petitioners are the hapless parents of an eight (8) year old, who died while playing with his friends in the area around the place of his residence. The eight (8) year old Lalu alias Bharat died on account of asphyxia caused by drowning in a storm water drain, which was meant to be enclosed. Deprived of a proper play ground, Lalu on the fateful day alongwith his friend, Master Rahul, slipped and fell into the open and unguarded storm water drain. While, Master Rahul Pandey survived due to the alacrity and efforts of the members of the public in the vicinity, Lalu perished. Lalu's death resulted in payment of a nominal sum of Rs.1 Lakh or so, I am told, in the form of ex-gratia compensation to petitioners and the triggering of criminal investigation. Six (6) years have passed, the investigation is still on.

(2.) For the petitioners, there is no closure either qua the issue as to who was responsible for their son's untimely death or, as to the proper compensation to be paid to them.

(3.) The petitioners, who live on the margins of the society, have approached this court by way of petition under Article 226 of the constitution to seek compensation. The arduous and economically debilitating route of a civil suit is by passed. The respondents in defence have raised the predictable objection qua the maintainability of the action. The objections revolve around the following: the action involves disputed questions of fact; recourse would have to be had to oral testimony; and consequently, the writ court is not the proper forum to agitate the relief sought in the petition.