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