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 the victim. 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.
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. (PTI)
