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Y. G. KHOBRAGADE
Administrator City and Industrial Development Corporation – Appellant
Versus
Pradeep – Respondent
ORDER :
(Y.G. Khobragade, J.)
1. By the present Appeal under Section 100 of the Code of Civil Procedure, the Appellant/original Defendant is challenging the Judgment and Decree dated 10.08.1998 passed by the learned Additional District Judge, Aurangabad in appeal bearing R.C.A. No. 146 of 1993 whereby the Judgment and decree dated 22.12.1989 passed by the learned Civil Judge Junior Division, Aurangabad in Suit bearing R.C.S. No.489 of 1986, came to be quashed and set aside and thereby allowed the Suit of present Respondent/original Plaintiff seeking direction to the present Appellant/original Defendant to pay the damages to the tune of Rs. 5,000/-.
2. Present Appellant is the original Defendant and present Respondent Nos. 1 and 2 are the original plaintiffs Nos. 1 and 2 in suit bearing R.C.S. No.489 of 1986. (For the sake of brevity, I would like to refer the parties to the present appeal in their original nomenclature).
3. On 25.02.1999, present Appeal was admitted on substantial questions of law as described in Ground Nos. VI & VII of the Appeal Memo which reads as under :
A government agency is liable for negligence if it fails to adhere to safety standards in public infrastructure, as established by relevant circulars.
The court established that the defendants fulfilled their statutory duty to warn the public, and the injury resulted from the plaintiff's own negligence.
Any failure on part of the designated authorities, contractor, consultant or concessionaire in maintaining the safety standards of public roads will attract the penal consequences provided under Sect....
Ministry of Road Transport and Highways has already issued the Motor Vehicles (Driving) Regulations, 2017 which should be implemented by the State Governments and Union Territories strictly.
The duty of care owed by the police, contributory negligence, and the relevance of the 2007 SOP in determining the breach of duty.
The highway authorities have a duty of care to ensure road safety and can be held liable for accidents caused by failure to remove foreseeable hazards.
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