KUMARI ALKA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present suit is filed by the plaintiff through her next friend and natural guardian, for recovery of Rs. 1,50,000.00 as compensation and damages, on account of the injury received by her in an accident in the precincts of defendants 1 and 2 on August 11, 1980. Plaintiff at the time of the accident was a minor girl aged about 6 years. The suit was filed as an indigent person and this Court,vide order dated May 11, 1984, declared the plaintiff as an indigent person and the suit was registered accordingly.

(2.) The brief facts of the case are that the plaintiff is residing with her father and next friend Shri R.L.Suneja" who is employed with defendants 1 and 2, as Assistant Engineer, Equipment Planning, Eastern Court, New Delhi. The plaintiff's father was allotted a residential quarter No.4, attached to Shakti Nagar Telephone Exchange, Delhi-7, and the plaintiff along with her father and other family members was residing in the said premises at the time of the accident. It is alleged in the plaint that the defendants had installed water pump in aroom near the residential quarters of the Telephone Exchange building. The said water pump is installed for providing water to the residents of the Exchange and the equipment was fitted in a room and an attendant was specifically retained to look after the pump. while the same was running. Defendant no.3 at that time was the attendant of defendants 1 and 2.

(3.) On August 11, 1980. the plaintiff was praying in the compound with other children of the residential quarters of the Exchange in the evening. The said water pump room was lying open and the pump was running on electric motor, without any attendant to supervise the same. The defendant no.3, who was the Attendant at that relevant time was not present and he had left the room opened without putting the shutter down, while the water pump was running. The plaintiff being of tender age of 6 years, did not realise the nature and consequences of the danger and went in the room where the water pump was running. The moving wheels of the motor allured her and she put her hand on the belt of the pump, which was also without any cover. She, as a consequence, sustained multiple serious injuries on her body and total damage of the two fingers of her right hand. On hearing the noise and cries of the plaintiff, some people reached the spot and she was immediately removed to St.Stephens Hospital and was admitted there. The plaintiff was further advised operation and was given first aid. She was discharged from the said hospital on August 12, 1980 and later was got admitted to Kalawati Hospital, New Delhi on August 14,1980 and remained there till August 18,1980. During the course of her stay in the hospital, she was operated upon and due to serious nature of injuries and total damage of her two fingers, the said two fingers were amputated under special medical advise. The plaintiff thus suffered great pain and agony due to injuries on her body, by which she totally lost two fingers of her right hand. The plaintiff has alleged in the plaint that the above said injuries were caused due to negligence of the defendants, in as much as defendants 1 and 2 were grossly negligent in exposing the children of the residential quarters of the Telephone Exchange to uncalled for hazards and dangers. The said <PG>562</PG> defendants 1 & 2 and defendant no.3, who was employed as Watchman, were grossly negligent and failed to perform their duties by taking necessary precautions to avoid any mishap or accident. The parents, at all times, were under the impression than. the children of the vicinity used to play in the area close to the room, where the water pump was installed and the attendant having been deputed there, there was no danger in respect of the safety of the children. The plaintiff accordingly has filed this suit against the defendants 1 and 2, who are vicariously liable for the wrongful and negligent act of defendant no.3.