Rs 30 lakh compensation to kin of man who died after falling in pit on public road
The Delhi High Court has awarded Rs 30 lakh compensation to the family of a 37-year-old man who died after falling into a pit dug up by the Delhi Jal Board, and asked authorities to formulate a policy to ensure immediate financial assistance to the affected in such cases.
Justice Purushaindra Kumar Kaurav observed that the loss of the sole breadwinner leaves a family extremely vulnerable, making even day-to-day survival uncertain, and such families should not be compelled to undertake a prolonged and expensive litigation to secure basic financial relief for incidents attributable to the negligence of public authorities.
Justice Kaurav said in the present case, the deceased’s widow, mother and three minor children had been enduring hardship since the incident in 2019, and although policymaking is a function of the executive, the court cannot remain oblivious.
Noting that official data shows 8,246 people were injured and 3,904 persons were killed in 2023 in road accidents due to ongoing road works/construction activities, the judge asserted that such incidents are not unforeseeable occurrences but a consequence of administrative negligence and failure to implement basic safety measures mandated for public infrastructure works.
“A structured and effective policy framework for expeditious grant of compensation in cases such as these, would go a long way in ensuring that victims and their families receive immediate assistance without being compelled to pursue litigation for appropriate relief.
Such a mechanism would not only alleviate hardship faced by affected families but would also enhance accountability among public authorities entrusted with maintaining public infrastructure and safety standards,” the court said in a judgement passed on May 29 on a petition by the deceased’s kin.
“The concerned authorities are, therefore, urged to examine the feasibility of formulating an appropriate policy in this regard, so as to ensure timely, humane, and efficient disbursal of compensation in deserving cases,” it ordered.
On the intervening night of April 17 and 18, 2019, the deceased, who was on a motorcycle, fell in a ditch dug by the DJB for undertaking pipeline repair work in front of its office in Dhichaun Kalan.
The deceased was found lying in the pit the next morning and succumbed to his injuries after a few days.
The DJB contended that the excavation work was carried out by a third-party contractor and since barricades had been placed around the ditch, the deceased’s own conduct might have contributed to the accident as he might have failed to stop his motorcycle because of the headlights of an oncoming truck.
Rejecting the DJB’s claim of contributory negligence by the deceased, the court stated that it was the board’s obligation to ensure that a hazardous excavation on a public road was adequately safeguarded with continuous supervision, adequate illumination and prompt emergency response.
It also observed that the deceased was lying in the ditch the entire night, which was a “systemic and egregious failure of the duty of care owed to the public by a statutory authority like DJB”, and absence of adequate barricading, warning signs, illumination, supervision, and emergency response mechanisms reflected a disregard for public safety and human life.
“The DJB ought to have been well aware that such accidents can occur if a pit is dug on a road that is used by the public. Therefore, in such cases, the duty of the State and statutory bodies does not exhaust itself with the mere installation of barricades, it extends equally to vigilant supervision over hazardous sites and ensuring timely emergency response,” the court remarked.
“The petitioners are entitled to a rounded off lump sum amount of Rs 30,00,000. However, considering that they have received an amount of Rs 50,000 from DJB, the respondents are directed to pay a lump sum amount of Rs 29,50,000, along with simple interest at the rate of six per cent per annum from the date of the accident till the date of realisation, as compensation to the petitioners, within three months from the passing of this judgment,” it ordered.
The court ruled that the DJB cannot defer the consequences of negligence to its contractor but would be at liberty to initiate recovery proceedings against him as per the contract.
