VIJAY SINGH Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:- That directed to respondent authority to pay the compensation to the petitioner Rupees 8 Lacs on account of negligence and dereliction of public duty on the their part resulted in untimely death of Mother of petitioner by attack of stay of cow horns along with interest @ 18% per month. Any other relief which this hon'ble Court deems fit in the facts and circumstance of the case may also kindly be granted.''

(2.) It is submitted by the counsel for the petitioner that he is the resident of Village Gram Mathuri Ka Pura, Post Chareta, PS Endore, Tahsil Gohad, District Bhind and his source of livelihood is the agricultural work. The petitioner was residing along with her 80-year old mother. It is submitted that on 21/7/2019 when the mother of the petitioner was going to Panchshil Nagar, Mela Ground, Gwalior along with her nephew, she was assaulted by one stray cow, as a result of which the mother of the petitioner suffered enormous injuries and ultimately, succumbed. It is submitted that it is the duty of the municipal Corporation, Gwalior to control the stray cattle and as the respondent No.1 has failed to discharge its duty, therefore, the petitioner is entitled for compensation for the death of his mother and accordingly, a compensation to the tune of Rs.8,00,000.00 has been sought by filing this petition with interest @ 18 per cent per month.

(3.) Per contra, the respondents have raised a preliminary objection with regard to the maintainability of this writ petition. When the petitioner was asked to argue on the question of maintainability of this writ petition, then he immediately submitted that the question of maintainability has already been considered and upheld by this Court while issuing notice, therefore, now, the question of maintainability of this writ petition cannot be raised by the respondents.