DHEERU Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) IN this writ proceeding under Article 226 of the Constitution of INdia, the petitioner, Master Dheeru, through his father, seeks directions to the Government of N.C.T. of Delhi and others for the payment of compensation of Rs. 1,00,00,000, alleging that he had sustained severe head injuries leading to a 'total mental retardation' due to negligent acts of the said respondents.

(2.) THE brief facts are that the petitioner, aged 9 years (at the time of filing the petition) sues the respondents through his father, an agriculturist, residing at village Jargaon, P.O. Jakha, District Jalaun (U.P.). THE petitioner contends to visiting Delhi for the purpose of securing admission in a school in class VII and was staying with his aunt (Bua) and her husband at their residence in government flats at Timarpur, Delhi since May 1999. THE respondent No. 5 had finalized a tender for the work of installing 'Syntax' water tank after dismantling the pre-existing cemented water tank on the rooftop of each of the building of residential flats of Delhi Administration at Timarpur area. This contract was awarded in favour of the respondent Nos. 2 and 3 who are brothers (hereafter collectively referred to as 'the contractor').

(3.) THE petitioner's father is said to have spent about Rs. 1,50,000 for his treatment and finding it difficult to bear any further expenses tried to get financial aid from the P.W.D. THE petitioner's uncle therefore approached the Chief Minister. THE Chief Minister's office directed Rakesh Mohan, Secretary, P.W.D., to remit the balance payment of the bill dated 22.6.99 amounting to Rs. 14,220 and further arrange the payments till shifting of the patient to G.B. Pant Hospital, Delhi. THE directions of the said letter were completely ignored by the department. According to the averments, Tirath Ram Hospital officials were exerting undue pressure on the petitioner's father to get him discharged from the hospital, though his condition did not permit it. THEreafter, attempts were made to get the petitioner admitted to the AIIMS and G.B. Pant Hospital but there too the petitioner's request was met with a cold response. A Public Interest Litigation petition dated 22.6.1999 was filed in the Apex Court of India on behalf of the petitioner, but it was not entertained. Ultimately, this court's intervention was sought by W.P. No. 3761 of 1999 dated 28.6.1999. By order dated 12.7.1999 of the court, the petitioner was finally admitted at AIIMS. It was further submitted that the petitioner's father has to borrow money for meeting the cost of these litigations as well as for the treatment of the petitioner.