Delhi High Court
Chiranji Lal & Anr. vs Delhi Development Authority on 13 July, 2017
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 13th July, 2017
+ W.P.(C) 12087/2015
CHIRANJI LAL & ANR. ..... Petitioners
Through: Mr. Sanjeev Mehta, Advocate
versus
DELHI DEVELOPMENT AUTHORITY ..... Respondent
Through: Mr. S. R. Sharma, Advocate
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The petitioners are the parents of a child named Harish Kumar aged
11 years who fell down from an iron gate of DDA park in Vikas Puri on 8 th
July, 2015 and suffered fatal injuries.
2. During the course of the hearing dated 21st July, 2016, this Court
observed that an ex gratia compensation of Rs.10 lakh be paid in death
cases. This Court also constituted a Committee presided over by Mr. Sanjay
Jain, learned Additional Solicitor General to consider formulating the policy
guidelines for payment of fixed compensation. The relevant portion of the
order dated 21st July, 2016 is reproduced hereunder:
"3. DDA has filed the relevant documents. As per the data
furnished, three such cases occurred in the last three years. The
particulars of the cases are given in the documents filed.
4. This Court is of the prima facie view that in such cases, a high
powered committee of DDA comprising of an Engineering Member,
Finance Member and Chief Legal Advisor should examine such cases
for release an ex gratia amount of Rs.10,00,000/- in death cases
without prejudice to all rights and contentions.
5. Learned counsel for DDA submits that deliberations would be
required on the suggestion of this Court.
6. This Court is of the view that a Committee be constituted to
deliberate upon the suggestions of this Court and formulate a policy
guideline as is being done in the case of death of sewage workers and
death due to electrocution in public places. This Court has formed
the Committees to frame the policy guidelines in the cases of death of
sewage workers and electrocution cases and Mr. Sanjay Jain, learned
Additional Solicitor General is chairing both the Committees.
7. Mr. Sanjay Jain, learned ASG, has consented to chair this
Committee as well. Mr. Kirtiman Singh, learned standing counsel for
Central Government, Mr. Rajiv Bansal, learned senior standing
counsel for DDA, Mr. Venktesh Mohan, Finance Member/his nominee
Dr. Mahesh Kumar, Engineering Member/his nominee and Mr.Anil
Kumar Sharma, Chief Legal Advisor of DDA will be the members of
the Committee. Learned ASG is at liberty to invite and add more
members in the Committee. The Committee shall consider
formulating the policy guidelines for payment of fixed compensation
to the victims of the accidents. The ex gratia amount in case of
injuries be deliberated upon by the Committee. The Committee shall
also consider taking the response of the petitioners and the legal
representatives of three victims."
3. Learned counsel for the respondent submits that the Committee
appointed by this Court has recommended payment of compensation of
Rs.10 lakh in death cases and Rs.5 lakh in cases of permanent disability.
The recommendations of the Committee are being considered by Delhi
Development Authority. In the meantime, the respondent has approved the
payment of ex gratia compensation of Rs.10 lakh to the petitioners on no
fault liability.
4. This Court is satisfied that the compensation of Rs.10 lakh approved
by the respondent is just, fair and reasonable.
5. Learned counsel for the petitioners submits that the petitioners agree
to the compensation of Rs.10 lakh approved by the respondent.
6. The writ petition is allowed and the respondent is directed to deposit
compensation of Rs.10 lakh with UCO Bank, Delhi High Court Branch
within a period of four weeks from today. The compensation be deposited
by the respondent with UCO Bank, Delhi High Court Branch by means of a
cheque drawn in the name of UCO Bank A/c Beena Devi.
7. List for disbursement of the compensation amount on 23 rd August,
2017.
8. The petitioners shall remain present in Court on the next date of
hearing along with the passbooks of their savings bank accounts near the
place of their residence as well as their PAN card and Aadhar card.
9. The respondent shall also place on record their decision on the
recommendations of the Committee.
10. Copy of this judgment be given dasti to counsel for the parties under
the signature of the Court Master.
JULY 13, 2017 J.R. MIDHA, J.
Dk
