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2015 Supreme(Del) 572

VIBHU BAKHRU
Radhey Shyam – Appellant
Versus
Govt. of N. C. T. of Delhi – Respondent


Advocate Appeared:
For the Petitioners:Aruna Mehta, Advocate.
For the Respondents:R2, Vijay Chandra & Sonia Sharma, Nandita Rao with Srilina Roy with R. K. Saxena, AE Irrigation Department, Advocates.

Judgment :-

1. These petitions relate to two separate tragic incidents, which resulted in six minor children - two children in one incident and four in another – losing their lives by drowning in open drains. The parents of the deceased children have filed the present petitions, inter alia, alleging that the contesting respondent (Govt. of NCT, Irrigation and Flood Control Department) have been negligent in performing their duty and seeking compensation for their loss.

2. On 17.05.2007, Amit aged about 11 years; Jitender aged about 12 years; Surjit aged about 11 years; and Firoz aged about 13 years, all students of a Government School, in Uttam Nagar were playing on the left bank of an open drain near Nangli Vihar Extension, New Delhi. According to the petitioners, two children slipped on the slope of the drain and slid into it. Two other children endeavored to rescue them but their efforts were in vain. They also drowned in the process. Two other children, who were standing on the banks, screamed for help. The hue and cry led people from the surrounding area to rush to the site and extricate the bodies from the drain. Apparently, several persons witnessed this incident and have giv




























































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