MAHIPAL SINGH CHAUHAN Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The petitioners are the parents and brothers of late Jaipal Singh Chauhan who suffered electrocution while playing volleyball with his friends in Ramlila Park, Ghazipur on 04th Sept., 2011. The petitioners are seeking compensation for the death of late Jaipal Singh Chauhan.

(2.) The police registered FIR No.253/2011 under Sec. 336/304A IPC, P.S. Ghazipur. Vide order dated 1st Aug., 2016, this Court directed the police to submit a report with respect to the authority responsible for maintenance of the high mast light pole at the time of the accident in pursuance to which Inspector, Subash Chandra submitted the status report on 12th Aug., 2016 according to which East Delhi Municipal Corporation was responsible for maintenance of high mast light pole installed in DDA Park, Ghazipur .

(3.) On 16th Sept., 2016, the East Delhi Municipal Corporation agreed to pay the compensation to the petitioners without prejudice to their rights and contentions and with liberty to recover the same from DSIIDC, BSES Yamuna Power Ltd and/or other agency in accordance with law. The East Delhi Municipal Corporation submitted an affidavit dated 16th Sept., 2016 to place on record their decision to pay the compensation to the petitioners.