Case Note & Summary
The petitioners, Prakash Warluji Dhengre and Sushila Prakash Dhengre, parents of Mahendra Dhengre, filed a writ petition under Article 226 of the Constitution of India seeking compensation for the death of their 11-year-old son. On 29.04.2005, Mahendra fell into a pit dug by respondent Nos.2 (Executive Engineer, Water Supply Department, Nagpur Municipal Corporation) and 3 (M/s. Sonu Construction) for repairs of a water pipe line, and died on the spot. The pit was open, filled with water, and lacked any safety measures such as barricades or warning signs. The petitioners contended that the negligence of respondent Nos.1 to 3 was apparent on record as the factual aspects were not controverted. The respondents did not dispute the incident but argued that the petition was not maintainable under Article 226 and that the petitioners should approach a civil court. The court, however, held that the extraordinary jurisdiction under Article 226 could be invoked in cases of negligence resulting in death, especially where the facts are admitted or not disputed. The court found that the respondents were negligent in not providing safety measures, and awarded compensation of Rs. 1,50,000 with interest at 6% per annum from the date of the petition till realization, to be paid jointly and severally by respondent Nos.1 to 3. The court also directed that the amount be deposited within eight weeks and that the petitioners could withdraw it without furnishing security.
Headnote
A) Tort Law - Negligence - Compensation for Death - Article 226 of the Constitution of India - Petitioners sought compensation for death of their 11-year-old son who fell into an open pit dug by respondent Nos.2 and 3 for water pipe repairs, which was left uncovered and filled with water - Court held that the respondents were negligent in not providing safety measures such as barricades or warning signs, and awarded compensation of Rs. 1,50,000 with interest at 6% per annum from the date of petition till realization (Paras 2-6).
Issue of Consideration
Whether the petitioners are entitled to compensation under Article 226 of the Constitution of India for the death of their minor son due to the negligence of the Municipal Corporation and its contractor in digging a pit without proper safety measures.
Final Decision
The court allowed the petition and awarded compensation of Rs. 1,50,000 with interest at 6% per annum from the date of petition till realization, to be paid jointly and severally by respondent Nos.1 to 3 within eight weeks. The petitioners may withdraw the amount without furnishing security.
Law Points
- Negligence
- Strict Liability
- Compensation
- Article 226
- Public Duty
