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2023 Supreme(Pat) 789

MOHIT KUMAR SHAH
Saroj Devi – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Vishwajeet Singh.
For the State : M/s Pankaj Kumar, SC-12, Anuj Kumar, AC to SC-12.
For the Respondent No. 5: Mr. Satish Kumar Sinha.

Mohit Kumar Shah, J. – The present writ petition has been filed for directing the respondent authorities to make payment of suitable compensation on account of death of the son of the petitioner, namely, Ranjit Kumar, who died in an accident, which took place due to him falling in an open drain, situated at Kankarbagh, which was being constructed by the National Building Construction Corporation (hereinafter referred to as “the NBCC”).

2. The brief facts of the case, according to the petitioner, are that on 19.1.2010, the son of the petitioner along with his friend was returning back to his home on a bike and on the way, they fell down in an open drain, which was being constructed by the NBCC and had been excavated 20 feet deep, leading to death of the son of the petitioner. Thereafter, an FIR bearing Patrakar Nagar P.S. Case No. 13/2010 dt. 20.1.2010 was lodged. It is submitted that the construction work was being carried out negligently by the NBCC without barricading the area in question. It is also submitted that the police had investigated the matter and filed a charge-sheet dt. 31.7.2010, wherein it was stated that upon investigation of the case, inspection of the place of occ

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