Civic bodies can't get away with murder

Bhadra Sinha / TNN / Nov 10, 2005, 00:43 IST

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Delhi HC, held that civic agencies are liable to pay compensation if a person loses his life due to their negligence.

NEW DELHI: In a landmark order that could make civic agencies less callous towards citizens, Delhi High Court has held that they are liable to pay compensation if a person loses his life due to their negligence.
Dismissing an appeal by Delhi Jal Board (DJB) in which it sought to pass the buck on to the MCD, the court made it absolutely clear that DJB was to be held responsible under the law of torts.
Chief Justice Markendeya Katju and Justice Madan B Lokur rejected DJB's plea against the order of a single judge asking it to compensate the family of a young man who died after his scooter overturned because a manhole on Mandir Marg was not covered properly.
Justice Vikramjit Sen had on September 30 this year ordered MCD and DJB to pay a compensation of Rs 6 lakh to the family. The DJB pleaded that MCD was responsible for maintaining the road which was uneven. The court observed that the DJB was responsible for maintaining the manhole.

Chief Justice Katju and Justice Lokur said: "When a manhole is constructed, the DJB must see to it not only that it is properly covered but also that the manhole is in line with the surface of the road.
If the manhole is only covered but the cover is below the surface of the road, it is likely to cause an accident, particularly to a person driving a two-wheeler in insufficient light."
Holding that public bodies are bound by the principle of strict liability, the judges said the board has to pay damages even if it may not be at fault when the accident occurred.
"Maintaining a manhole with a cover that is below the surface of the road is improper and violates Jal Board's duty," the bench said, observing that in social welfare statutes, the principle of strict liability has been provided to give insurance to people against death and injuries.

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