DARSHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule D.B. Petitioners are the widow and minor children of deceased Skattar Singh, bus driver, who is stated to have fallen into anopen manhole and died of drowning on 8/9/1994. Petitioners are seeking a writ of mandamus directing the respondents to pay compensation of Rs.9,00,000.00 (rupees nine lacs only) since the deceased was deprived of his life due to the negligence of the respondents in leaving the manhole uncovered. The open manhole was near the bunker wall at Bharat Nagar, Delhi. Petitioner had initially impleaded only the Union of India and the Municipal Corporation of Delhi as the respondents. The Municipal Corporation in its counter affidavit claimed that the manhole in question was of a storm water drain, constructed and maintained by the Public Works Department of Delhi Administration, now the National Capital Territory of Delhi. The Municipal Corporation claimed that it was not concerned with the case. Petitioner, accordingly, moved the Court for impleadment of the Public Works Department of the Delhi Administration through its Executive Engineer, Public Witness .D. 10, through Chief Secretary, Delhi Administration and the Delhi Administration through Chief Secretary as respondents 3 & 4, which was allowed.

(2.) Respondents 3 & 4 in their counter affidavit claimed that the death occurred by a fall in the manhole belonging to the Municipal Corporation, which was left uncovered.

(3.) It would be seen that respondents have not denied the factum of the death of the deceased by a fall in an open manhole. The only defence taken is that the manhole did not pertain to the respective drains maintained by them and did not fall in their jurisdiction.