CONSUMERS PROTECTION Vs. UNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) The petitioners who are unfortunately the parents who lost their 7 years old child in a tragic accident of drowning attribute the cause of death to the negligence of the respondents who left the manhole uncovered in which the minor child of the petitioners namely Gautam fell resulting in his death. The respondents have denied their negligence and have submitted their reply stating that the manhole was in a sewer line which is 12 to 20 feet in height and it was not possible for a small boy of 7 years to climb upto that level. Inferentially, they have tried to make out that the cause of death was not on account of the accident, but possibly on account of some foul play. They have also objected to the maintainability of the writ petition saying that the cause of death on account of negligence has to be sustained on a finding recorded by the Court of competent jurisdiction on the basis of evidence.

(2.) I have considered the matter in detail.

(3.) In so far as the maintainability of the writ petition is concerned, it is a settled principle of law that in case the negligence is evident, then in such eventuality, the Constitutional Court is still empowered to look into the issue of grant of compensation for which it may determine its own parameters.