New Delhi: The Delhi High Court has held MCD
negligent for leaving a drain uncovered in a crowded
residential area in which a minor boy drowned and asked the
civic body to pay Rs six lakh compensation to the parents of
Justice Rajiv Sahai Endlaw directed MCD to pay to the
parents of Sagar who died after falling into an open drain on
March 3, 2006, when he was just three years old.
"In the present case, the factum of the deceased having
fallen and having been pulled out from the sewer/drain is not
disputed. Moreover, there is no explanation why the
sewer/drain was left uncovered. Thus, a case of negligence on
the part of the respondent MCD is made out.
"The writ petition is accordingly allowed. MCD is
directed to pay compensation of Rs 6,02,687 with interest of 6
per cent per annum from July 11, 2006, when the petition was
filed, till the date of payment," the court said while
allowing the plea of the victim`s parents.
Through their petition, the parents of the boy had
claimed compensation of Rs 20 lakh from Delhi government and
MCD for the death of Sagar.
They had alleged the government and MCD were negligent in
allowing a drain to remain uncovered in a crowded residential
area where children of all ages would be present.
In its defence, the city government had, in its counter
affidavit, contended it is not liable for the death of the
boy as civic amenities in the area in which the incident had
occurred were being maintained by MCD and the allegation by
the petitioners of negligence is also against MCD.