QUAMUDDIN AND ORS. Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are parents of children - Najruddin, aged about 11 years; Sajruddin, aged about 10 years; Saddam, aged about 14 years; and Arun, aged about 11 years - who were run over by a train and have filed the present petition seeking compensation for the loss of lives of their respective children. The children lost their lives in a tragic incident that occurred on 15.08.2007; they were run over by a train near Street No. 10- 12, Ajit Nagar, Shahdara, New Delhi while trying to catch the "cut off kites". The parents of the deceased children claim a compensation of a sum of Rs. 11,00,000/- for the death of each child.

(2.) The petitioners allege that the death of their children was caused due to negligence on the part of the officials of the respondent, as the railway tracks were not properly fenced and adequate safety measures had not been put in place despite the knowledge that children regularly played in vicinity of the tracks at the site of the incident.

(3.) The principal question to be addressed is whether the respondent is liable to pay compensation/damages to the petitioners for the loss of lives of their respective children?