RAMESH PRASAD GUPTA Vs. ANITA DEVI & ORS

JUDGEMENT

(1.) The present appeal arises out of the impugned judgment and order dated 24th December, 2010 by which the suit for damages/compensation was decreed in favour of the Plaintiffs/Respondents (hereinafter 'Plaintiffs') herein for a sum of Rs.7, 00, 000/- to be apportioned between the Plaintiffs.

(2.) The case relates to an incident which took place on 12th July, 2007 when the Plaintiff No.1's husband Shri Surender Singh was allegedly called by the Appellant/Defendant (hereinafter 'Defendant') for repair of the water pipes located next to the Defendant's property. The allegation was that, due to negligence of the Defendant, when the Plaintiff's husband was busy in doing the repairs, the chajja felled on the Plaintiff's husband and resulted in his death.

(3.) The Plaintiffs then filed the present suit seeking compensation. In the impugned judgment, the Trial Court has come to the conclusion that the demolition of the property was carried out by the MCD and its contractor. However, the Trial Court held that since the property belonged to the Defendant he is also liable.