URMILA DEVI Vs. MCD & ORS

JUDGEMENT

(1.) These are five unfortunate incidents which had taken place with hapless victims. All these petitions raise a common question of law and shall accordingly be taken up together.

(2.) Facts of each case are distinct and are enumerated herein as under : W.P.(C) 1170/2007

(3.) This is a connected petition along with WP(C) 1170/2007. The child Sandeep who had succumed to his injuries was the victim in the instant case. This petiton has been filed by the parents of the deceased namely Laxmi Narain and Leela Devi. Sandeep was 15 years of age at the time of his death. In this petition, it has been reiterated that the ganda nala in front of residential block did contain any warning that it was uncovered. The earth near the sewerage system was slippery; this was because of the negligent act of the respondent. On the fateful day i.e. 22.6.2005 when Sandeep along with his friend Rahul was coming back in a rickshaw, the rickshaw got disbalanced; Sandeep and Rahul fell into the ganda nala which was filled with filth and gases. Sandeep was taken to the Sanjay Gandhi Memorial Hospital where the doctor declared him dead. The parents of the deceased spent Rs. 20,000/- on his last rites. Had he lived his full life he would have qualified as a software engineer and would have supported his family up to the tune of Rs. 20,00,000/-. Compensation has accordingly been claimed. W.P.(C) 1172/2007