The principle of Res Ipsa Loquitor can be applied to establish negligence and award compensation in cases of wrongful death due to negligence.

Vipin Sanghi, J.

1. This writ petition has been filed by the petitioner namely, Chob Singh under Article 226 of the constitution of India to claim compensation of Rs. 10 Lakhs for the death of his only son, Nand Kishore due to the alleged negligence of the respondents Govt. of NCT of Delhi and Delhi Jal Board (DJB).

2. The petitioner is the father of an unfortunate boy who died on 14.04.2009 by falling into a sewer tank. The petitioner claims to be a three wheeler auto driver. His family consisted of his wife (already dead), daughter (mentally and physically handicapped) and Nand Kishore (now deceased).

3. The case of the petitioner is that his son, Nand Kishore along with his friend, Rahul went to deliver lunch to the maternal uncle of Rahul, at one of the pumping stations of the respondent/DJB located at sector 7, Dwarka. The sewage pumping station is a prohibited place and the general public is not allowed to enter the premises without permission since it is a risky and an unsafe place due to storage of sewage in huge tanks/wells. On 14.04.2009 there was no guard posted on the pumping station, and the 2 children had an unhindered entry to the entire complex and went upto the danger zone where the huge pumping machines and tanks were located.

4. Nand Kishore’s friend, Rahul went inside the pumping room to deliver lunch to his maternal uncle (Sh. Sanju) while the little Nand Kishore, unmindful of the consequences, aged only eleven years strayed towards one of the open uncovered tank which had stairs leading to the bottom of the tank. Out of curiosity, he climbed down the stairs and was overtaken by strong fumes thereby losing his balance. He fell into the tank full of sewage. Rahul reached the tank, searched for Nand Kishore and was unable to locate him. He thereby informed his uncle who, in turn, called the police and the fire brigade. After the operation of six hours, the dead body of Nand Kishore was retrieved. The F.I.R. of the incident was recorded being F.I.R. no. 141/09 at Police Station Palam Village, New Delhi under section 304 of I.P.C.

5. Respondent no. 2/DJB made a payment of Rs. 30,000 vide cheque bearing no. 6067 dated 11.09.2009 as compensation to the petitioner. The petitioner has filed an affidavit stating that his only son was studying in MCD Primary Boys School, Mahavir Enclave II, ND-45 in Class II. He states that he had high hopes from his son.

6. The petitioner submits that the precious life of his only son, who was his only personal and emotional support died due to the sheer negligence on part of the respondents and due to their acts of omissions and commissions. The petitioner seeks adequate compensation from the respondents.

7. Upon issuance of notice, respondent no. 2, Delhi Jal Board filed their counter affidavit. The said respondent has not denied the occurrence of the aforesaid incident, nor the registration of the F.I.R.

8. The respondents have also not denied that the death of the child, Nand Kishore occurred due to falling into the sewage tank. It is not their case that the death of Nand Kishore occurred due to some other reason.

9. Respondent no. 2 has taken the stand that they have already paid compensation of Rs. 30,000/- as stated by the petitioner and apart from that Rs.50,000/- was given as compensation by the Delhi Kalyan Samiti, Govt. of NCT of Delhi, Finance Department, respondent no.1, and that there was no negligence on their part which caused the death of the deceased.

10. Respondent no. 2 also contended that the sewage pumping station at Sector 7 is surrounded by a boundary wall and it has only one entrance, which was always manned by a security guard round the clock. The guard allowed the children to enter, in order to enable them to deliver food to Sanju. He left them at the pump house where the maternal uncle was present and went back to the entrance. Respondent no.2 stated that the boys went to attend nature’s call while Sanju was having food. It was then that the incident too