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2012 Supreme(Del) 2571

RAJIV SAHAI ENDLAW
Sattar Sheikh – Appellant
Versus
Municipal Corporation of Delhi – Respondent


For the Petitioner: None.
For the Respondent No. 1:Ms. Sumita Kapil, Advocate.
For the Respondent No. 2:Mr. Mirza Aslam Beg , Ms. Shagun Bhatnagar, Advocates for Ms. Sonia Sharma, Advocates.

JUDGMENT :

Rajiv Sahai Endlaw, J.

1. The two petitioners being husband and wife, by this writ petition inter alia claim compensation in the sum of Rs. 15,00,000/- from the respondents MCD and the Police for the death of their minor son Mohd. Asif aged about nine years owing to the negligence of the respondents. It is the case of the petitioners that their said son died on 4th January, 2007 by falling in an open manhole in a vacant plot meant for Sulabh Shauchalaya situated near Nissariya Masjid Jhuggi, D-Block, New Seema Puri, Delhi, near the house of the petitioners. Negligence is averred on the part of the MCD in not covering the manhole inspite of the same being situated in front of a populated residential area inhabited also by children. It is claimed that the deceased was studying in Class-V in a Madarsa and the petitioner No. 1 being the father of the deceased works as a mason earning Rs. 6,000/- to Rs. 7,000/- per month. Notice of the petition was issued. Since the petitioners had themselves not placed before this Court any document to establish the age of the deceased or that he was studying in a School, while issuing notice, it was recorded that the consequences thereof will













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