MUNNA Vs. MUNICIPAL CORPORATION OF DELHI

JUDGEMENT

(1.) In the instant writ petition, the petitioners claim compensation amounting to Rs.20,00,000.00 on account of the tragic death of their minor son, namely Master Sonu (hereinafter "deceased"), aged about seventeen years, who died due to the alleged negligence of the respondent-Municipal Corporation of Delhi (hereinafter "respondentMCD").

(2.) The facts of the present case exhibit that on 27/7/2007, at around 7:20 PM, when the deceased was returning to his home, a big slab/lantern fell on him from a quarter owned by the respondent MCD. The deceased was then taken to the G.T.B. Hospital, Shahdara, Delhi, whereby, it was found that he had already succumbed to his injuries. The information of the said incident was then given to the Police vide DD No. 18-A at Police Station, Nand Nagri, Delhi. Subsequently, after conducting the post-mortem on the following day, the body of the deceased was handed over to the petitioners. Thereafter, the last rites were performed by the petitioners on the even date.

(3.) Mr. J.S. Kanwar, learned counsel appearing on behalf of the petitioners, submitted that the flat, from where the slab/lantern fell, is owned by the respondent-MCD. He further submitted that the quarter was not properly maintained by the respondent-MCD which tantamount to a clear dereliction of duty on the part of the respondentMCD. According to the learned counsel, the death had occurred on account of gross negligence of the respondent-MCD as it had failed to deploy necessary security personnel at the said flats and had not carried out the required upkeep, resulting in the aforesaid incident.