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1991 Supreme(Del) 486

P.K.BAHRI
SHIYRAM SHARMA – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
A.P.SINGH, GANESHAN, SUNIL MAGAN, V.S.Juneja

P. K. BAHRI, J.

( 1 ) THIS is a suit for recovery of damages. It is averred in the plaint that Sanjeev Kumar, son of the plaintiff, aged about seven years, was playing near the Water Works Sewer near Aruna Nagar, Majnu Ka Tilla, Delhi and had fallen into the open sewer of Chandrawal Water works No. 2 belonging to the defendant and had died in the said sewer. The dead body was recovered and handed over to the plaintiff after the post-mortem was conducted. It is pleaded that the death of the child had occurred due to gross negligence of the employees of the defendant inasmuch as they had kept uncovered the said sewer and had also not made any proper arrangement for the safety of the public by keeping the sewer coverd with lid. It is pleaded that the average age of the family members of the plaintiff is about 60 years and the plaintiff s son would have started earning after attaining the age of 18 years and would have supported the plaintiff and other family members from the income which he would have earned for about 50 years @. Rs. 1,000. 00 per month and it is pleaded that Rs. 2,25,000. 00 would have been made available by the said child throughout the life for taking care of his


















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