The main legal principle established is the vicarious liability of the principal (MCD) for the acts of the agent (contractor) in ensuring safety measures, as well as the availability of public law remedy for compensation in cases of contravention of fundamental rights.

Dipak Misra, C.J.

1. The seminal and centroidal issues that emanate for consideration in this public interest litigation preferred under Article 226 of the Constitution of India by Criminal Justice Society, is whether the wife of a septuagenarian is entitled to compensation for his accidental death caused due to the fall in a pit on the divider which was required to be covered by a barricade with warning signs meant for pedestrians by the contractor, the respondent No. 4 herein, engaged by the respondent No. 2 - Municipal Corporation of Delhi (for short "the MCD), and if the answer is in the affirmative, the further aspect that has to be dwelled upon is what should be the appropriate quantum, regard being had to the relevant factors like age of the deceased, the negligence of an agent of a statutory authority and the shock suffered by the helpless wife, who, we are obliged to presume, belonged to his living spirit despite he being nearly four scores and his life was "a sort of splendid torch? to her. The other pivotal issue that needs to be addressed to whether pits can be allowed to remain in such a stage to become hazards and death traps for the citizens and what remedial measures are required to be taken without any pretence.

2. The facts that have been uncurtained are that on 28.8.2009 about 8.15 p.m one Trilok Nath Makan, aged about 77 years, a retired Additional Private Secretary of the Union of India stepped out of his house to buy groceries from the nearby shops. The area was dark because the power had been turned off while the streetlights were being installed. It is put forth that the pits on the Shivalik-Malviya Nagar stretch remained uncovered without barricades and sans warning sign board in place as a consequence of which the deceased fell into the pit. On 29.8.2009, the body of the deceased was spotted by the cashier of a grocery store who informed the police and thereafter his body was taken to All India Institute of Medical Sciences where he was declared to have been brought dead. The residents of Shivalik lodged a protest and the authorities had assured that the matter would be carried to its logical end.

3. An enquiry was ordered at the MCD level and one Assistant Engineer (Electrical) has been put under suspension for dereliction of duty. The contractor, has been issued a show cause notice and a criminal case under Section 304A of the Indian Penal Code has been registered. In this backdrop, it is urged that the wife of the deceased is entitled to compensation and further the MCD is obliged to follow the statutory mandate of Delhi Municipal Corporation Act, 1957 (for short the Act) which envisages precautions during repair of the streets. The compensation and damages which are claimed at Rs. 1 crore and Rs. 10 crores respectively.

4. A counter affidavit has been filed by the respondent No. 1 stating, inter alia, that the enquiry was conducted by the concerned Assistant Sub- Inspector of Police who had found that an old man had fallen into a pit dug up on the central verge / divider on Shivalik Road and when he was brought to AIIMS, he was declared dead. An autopsy was carried out in which it was found that the death was due to Asphyxia. It is also stated that as the pit was opened from all sides and there was no barrier / physical barricade or protector or warning. Regard being had to the facts and circumstances a case under 304A IPC has been registered against the director of the respondent No. 4.

5. A return has been filed by the respondent No. 2 - MCD contending inter alia that the work, namely, 'upgradation of street lighting on roads in Delhi in preparation for the Common Wealth Games - 2010? was awarded to respondent No. 4, M/s Sweka Power-Tech Engineer Private Limited vide agreement dated 8.6.2009. During the execution of the aforementioned work by the said executive agency, some pits of size 750mm x 750mm x 1400mm of depth of 4.5 feet were dug on the Shivalik road stretch between Aurbindo College