SUNI MANOJ MATHEW Vs. BSES RAJDHANI

JUDGEMENT

(1.) The prayer in this Writ Petition is for the grant of compensation in the sum of Rs.10,00,000/- owing to the untimely death of late Manoj Mathew owing to the negligent acts of the Respondents. The undisputed facts are that late Manoj Mathew met with a fatal accident on 17.6.2002 at the I.I.T. Flyover, opposite Satnam Taxi Stand. He was rushed to the All India Institute of Medical Sciences (AIIMS). He was driving his motorcycle at the time when he encountered his death. He died within six hours of the accident. The Petition has been filed by his wife and son.

(2.) Respondent No.3 is the Commissioner of Police. The only grievance against this Respondent pertains to the timely recording of the First Information Report (FIR). It now transpires that the criminal proceedings are underway against Shri Mudrax Parashar, owner of MSS Bijlee Bharti, having his office at Y 2A, Phase-II, Okhla Industrial Area, New Delhi. No liability can be fastened on the said Respondent No.3 or on the Government of National Capital Territory of Delhi.

(3.) The fatal and tragic accident was caused because a metal ladder used for repairing street lighting had moved or rolled down from the pavement to the main road itself resulting in the collision. The Report is that the motorcycle had on impact got entangled with the ladder. No person was manning the ladder at the relevant time. There can, therefore, be no dispute that the death was caused due to the collision with the said large metal ladder because of the negligence of the persons using it.