SHAKUNTALA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) IN this writ proceeding, under Article 226 of the Constitution of India, the petitioner seeks directions to the Govt. of N. C. T. of Delhi (first respondent, hereafter "gnctd") and Municipal Corporation of Delhi (second respondent, hereafter "mcd") for the payment of compensation of rs. 10,00,000/-, alleging that negligence and dereliction of public duty on their part resulted in untimely death of her husband, Sh. Sita Ram (hereafter "the deceased" ).

(2.) THE brief facts are that the deceased, a fruit vendor, carried on his trade from a roadside "redi/" "thela" (hand-cart ). On the fateful day the deceased was selling fruits when two fighting bulls came by. In the ensuing melee he fell, was entangled between the fighting bulls and was badly mauled. He was immediately shifted to the GTB Hospital where he remained under treatment till 23. 1. 05, when he finally succumbed to his injuries and breathed his last. The postmortem report revealed that the cause of death was "shock due to cranio-cerebral injuries produced by blunt force impact. All injuries are and possible by assault by bull".

(3.) THE event was recorded by the police, in a First Information Report (FIR); in support, the deceased's brother had been examined, and his statement recorded by the police. An inquest was ordered by the authorities into the cause of death. After considering the materials, the Final Inquest report concluded that death of the deceased was due to injuries sustained in course of a bullfight, in which he got inadvertently dragged.