DDA, MCD to pay compensation to parents of victim children

New Delhi, July 18 (UNI) The Delhi High Court today directed Muncipal Corporation of Delhi(MCD) and Delhi Development Authority (DDA) to pay compensation to the parents of children who died due to the negligence of the civil agencies.

Justice Dr S Murlidhar directed DDA to pay Rs 12,78,509 to the parents of seven-year-old Vineet who died on November 13, 2004 when an iron grill gate at the entrance to a DDA park fell on him.

The Court held DDA liable and to pay Rs 5,83,174 as compensation to the parents of 15-year-old Beeru who died on May 5, 2002 when his body got entangled in the outlet drain pipe of Sur ghat, maintained by DDA, on the Yamuna river at Wazirabad.

Beeru had gone to the ghat to have a dip. The floor of the ghat was slippery owing to poor maintenance. The drain pipe of 24 inches diameter which was to be concealed was kept open without any warning and the drain pipe had no net over it. Strong currents of water pushed Beeru towards the drain pipe and he got entangled there.

The Court observed that the DDA staff, which was entrusted the maintenance, did not take any precautionary measures and also did not take any immediate action to rescue the boy.

In a third incident, the court has directed the MCD to pay Rs 5,12,595 to the parents of 11-year-old Mahesh who died when a toilet wall collapsed over him.

Mahesh died on May 13, 2000 when at 2000 hrs, he along with friends went to a public muncipal lavatory maintained by the MCD.

He died instantaneously, while his two friends sustained injuries.

The court observed that under section 359(1) of the Delhi Muncipal Corporation Act(DMC) 1957, it is the duty of the MCD to provide and maintain public latrines and section 359(2)DMC act further mandates that MCD will provide usable and safe lavatories and carry periodic inspections to ensure that public toilets meet the minimum standards in terms of care and safety.

The court held MCD responsible for the incident and ruled that given the nature of use of public space and purpose for which it is expected to be used, strict liability principal would be attracted and the MCD would be liable for up-keep of the public lavatory so that it does not endanger the lives and safety of its users.

The court directed DDA and MCD to pay 6 per cent simple interest on the amount to be calculated from the time of incident. It also directed the civic bodies to pay Rs 5000 to each petioner as the cost of the petition. The court directed both the respondents to pay the amount within four weeks and before 17 August 2007.

UNI