Sharafat And Anr vs The Seceratary Of (Nct Of Delhi) ...
2014 Latest Caselaw 6478 Del

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*         IN THE HIGH COURT OF DELHI AT NEW DELHI
+         W.P.(C) 3002/2011 & CM. No.13125/2013
          SHARAFAT AND ANR                             ..... Petitioner
                     Through   Ms. Shantha Devi Raman, Advocate with
                               petitioners in person.

                               versus

          THE SECERATARY OF (NCT OF DELHI)
          AND ORS                                    ..... Respondents

Through Ms. Yoothica Pallavi, Advocate for EDMC.

CORAM:

HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA

% SUDERSHAN KUMAR MISRA, J.(Oral)

1. This petition has been moved by the petitioners Sh. Sharafat and Smt. Nasrin, both residing at Jugghi No.402, Braham Puri, Delhi, seeking appropriate writ or direction to the respondents, including the East Delhi Municipal Corporation (EDMC), to pay appropriate damages and compensation to the petitioners, whose minor son aged about 6 years died after having fallen into a drain that the Corporation had failed to cover.

2. On the question of liability, it was admitted by both sides that it was undoubtedly the duty of the Corporation to ensure that the manhole, as well as the drain are adequately covered and / or bounded on both sides so as to prevent anyone from falling into the same. The fact that they were uncovered and unprotected; and the child fell and died there, left no doubt as to the responsibility of the concerned Agency in this behalf, inter alia, on the principles of res ipsa loquitur.

3. Along with the instant writ petition, certain photographs of the open

manhole leading to the drain in question have also been attached showing the spot where, according to the petitioners, their son fell in the drain. Of course, his body was ultimately recovered some distance downstream where the drain could be more easily accessed.

4. After a number of preliminary hearings on the matter, and on their asking, this Court referred the parties to the Delhi High Court Mediation and Conciliation Centre to try and work out an amicable settlement on mutually acceptable terms, if possible.

5. After some hearing before the Mediator, a settlement is stated to have been arrived at between the parties, and a Settlement Agreement dated 10.11.2014 executed between the parties before the Delhi High Court Mediation and Conciliation Centre has also been filed. In terms thereof, the petitioners have agreed to accept a total sum of Rs.6.9 lakhs in full and final settlement of all their claims and dues with regard to the mishap in question. The said amount has been handed over to the petitioners, who are present in person, in Court today by way of an Account Payee Cheque bearing No.431831, dated 03.12.2014, drawn on Vijaya Bank.

6. The petitioners approbate the aforesaid settlement, and state that they are satisfied with the same and have no further grievance after receiving the aforesaid amount of Rs.6.9 lakhs; and that the matter be closed at this stage.

7. Under the circumstances, and without going any further into the merits of the matter one way or the other, the petition, along with CM. No.13125/2013, is disposed off in the above terms.

8. It will, however, be open to the East Delhi Municipal Corporation to take all necessary administrative steps with regard to the incident in question with a view to fixing responsibility; and also ensuring that such incidents do not happen in future.

9. A copy of this order be communicated to the Commissioner, East Delhi Municipal Corporation.

SUDERSHAN KUMAR MISRA Judge DECEMBER 04, 2014 dr