Delhi HC Directs Northern Railway & Contractor To Pay Over Rs. 23 Lakhs To Parents Of Child Who Died By Falling In Pit in 2013

A Delhi High Court Bench of Justice Najmi Waziri and Justice Sudhir Kumar Jain has directed the Northern Railways and a contractor who was engaged for construction work of a rainy well, to pay over Rs. 23 Lakhs in compensation to the parents of a 12-year-old boy who died after falling and drowning in the pit back in 2013.

Counsel Aruna Mehta appeared for the appellants, while Counsel Vikrant N Goyal and Ms Rani Tiwari, among others, appeared for the respondents.

In this case, a 12-year-old boy fell into a pit/trench while playing on an open land in which an unsecured rainy well was dug up. The vacant land was used by the children of the locality as a playground. The parents of the child had filed an appeal challenging the judgment of the single Judge dismissing their plea for damages and compensation.

Holding that the respondents had failed in their duty to care, the Court observed that "Nothing has been brought on record to show that the children were cautioned or restrained or forewarned from playing in the open filed. A young boy of about 12 years does not know the difference between a railways land or land of other civic agency. For children all open areas, lands and fields are for games, for running, fun and frolic. The petitioner says the young boy died when he slipped into the well. Now any reasonable person would foresee such fatal mishaps, if the dug-up trench/well was not secured/fenced-off/guarded to prevent such mishaps. This was the duty of the respondents to the public."

Allowing the appeal, the Court held that "The total compensation which the respondents are liable to pay jointly and severally to the appellants is Rs.20,25,000/- under head of pecuniary loss and Rs.3,08,666/- under the head of Standard Compensation. The appellants are as such entitled for compensation of Rs.23,33,666/- (Rs.20,25,000 + Rs.3,08,666) from the respondents and the respondents are jointly and severally liable to pay the said compensation to the appellants."

Cause Title: Sharafat Khan & Another v. Northern Railway & Another

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