ALKA VS. UNION OF INDIA , AIR 1993 DELHI 267 11
Citation : AIR 1993 Delhi 267
Date of Judgement : 18 march , 1993
Court : Delhi High Court
Case Type : Compensation and damages
Plaintiff : Alka
Respondent : Union of india
Bench : C Nayar
FACTS OF THE CASE
The plaintiff is residing with her father and next friend Shri R.L.Suneja , who is employed with defendants 1 and 2 , as Assistant Engineer , Eastern Court , New Delhi. It is alleged in the plaint that the defendants had installed a water pump in a room near the residential quarters of the Telephone Exchange building. Water pump is installed to provide water to the residents.
On August 11, 1980 , the plaintiff was playing in the compound with other children of the residential quarters. The water pump room was lying open and the pump was running on an electric motor. The plaintiff, being of the tender age of 6 years , did not realise the nature and consequences of the danger and went into the room where the water pump was running. She sustained multiple serious injuries on her body and total damage of two fingers of her right hand. The above said injuries were caused due to negligence of the defendants, in as much as defendants 1 and 2 . The plaintiff accordingly has filed this suit against the defendants 1 and 2 , who are vicariously liable for the wrongful and negligent act of defendant No.3.
The plaintiff has accordingly claimed a sum of Rs. 1,50,000/- for physical and mental pain, which is bound to be affected by this unfortunate accident.
The defendants filed their written statement and have admitted the factum of installation of an electric pump in a room. It is the duty of the parents to look after their children, which is not the place of playing for children and nobody is supposed to go in the room .
ISSUES
Issues were framed on August 22,1984
- Did the plaintiff receives injuries as mentioned in the plaint due to the negligence and carelessness in the defendants
- Were the parents of the minor plaintiff guilty of any negligence for the alleged incident
- To what amount , if any , of damages is the minor plaintiff entitled to and from which of the defendants
ARGUMENTS
The water is supplied to the flats with the help of a booster pump , which was installed by the Departments of the defendants. The witness reached the spot and found that the little and ring fingers of the right hand of the plaintiff were chopped by the booster pump.
P.W.6, Shri R.S.Vasisht and P.W.7 Shri Ravinder Kumar Gupta , Junior Engineers, Telephone Exchange , Karol Bagh , New Delhi have stated in their evidence that the pump was located on the ground of the floor near to the residential quarters. There was no protection or covering on the belt and the door of the pump room was also open.
The injuries and deformity , which have been caused on the plaintiff , have been due to the rash and negligent act of the defendants and they are liable to pay compensation.
In Cooke v. Midland Great Western Railway of Ireland the plaintiff was a child between four and five years ago who was injured while playing with his companions on a turntable on the defendants company’s railway premises.
JUDGEMENT
“ In the Judgement of Finnemore , J. Contain the essence of the whole matter so far as this particular case is concerned , and that the judge stated the law correctly. The questions of fact were carefully considered by him after seeing the witness and the infant plaintiff himself . I see no ground on which his judgement can be effectively assailed and i am of the opinion that this appeal should be dismissed.”
In British Railways Board v. Herrington (1972) AC 877 , a trespassing child , aged six , fell upon a live electric rail belonging to the defendants and suffered serious burns. The plaintiff brought an action claiming damages for negligence and the judge held that the defendants were negligent and remained in disrepair and were liable to the plaintiff .
Reference may be made to the Division Bench judgement of our own High Court in Sushila Devi v. Municipal Corporation of Delhi 1985 ACJ 255, where a suit for damages was filed for death of a person using the road by sudden fall of overhanging branch of tree. The branch of tree , standing on the road side , suddenly fell on the scooterist , who was driving the scooter on the highway resulting in his death.
Accordingly , I pass a decree in the sum of Rs. 1,50,000/- with costs in favour of the plaintiff and against the defendants , who shall be jointly and severally liable . Plaintiff shall also be entitled to pendente lite and future interest @ 12% p.a. from the date of filling of the suit till realisation. The Court – fees shall be paid by the plaintiff on the decretal amount , from the amount recovered from the defendants.
REFERENCE
This Article is written by Anshika Aggrawal of Shri Varshney College , Intern at Legal Vidhya.
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