The government is liable to pay compensation in the event of death of any person in cleaning of septic tanks.

J.R. Midha, J.

1. The Trial Court has passed a decree for Rs. 5,00,000/- in favour of respondents No. 1 to 7 and against the appellant which is under challenge in this appeal. On 11th September, 2001, four labourers hired by the contractor of CPWD were cleaning the septic tank at the CRPF Camp, Bawana. The labourers told the contractor that a foul smell was coming out of the septic tank which may be fatal to their lives but the contractor still ordered them to clean the tank whereupon three labourers entered the septic tank and they fell unconscious upon inhaling the poisonous gases in the tank. The fourth labourer, Deepak raised an alaram whereupon Constable Ranbir Singh and Head Constable Dayal Singh reached the spot and went inside the septic tank to save the lives of the labourers. However, both of them were affected by the poisonous gases inside the tank and they fell unconscious. The fire brigade and the police were requisitioned and they pulled out all the men out of the septic tank in a critical condition and they were taken to Babu Jagjivan Memorial Hospital. Head Constable Dayal Singh survived whereas the remaining four persons including Constable Ranbir Singh were declared dead.

2. Constable Ranbir Singh was survived by his widow, parents and four minor children (respondents No. 1 to 7) who filed a suit for recovery against the appellant. Later on, CRPF, employer of the deceased was impleaded as defendant No. 2. Respondents No. 1 to 7 were the plaintiffs, appellant was defendant No. 1 and respondent No. 8 was defendant No. 2 before the Trial Court.

3. The appellant contested the suit on various grounds inter alia that the work of cleaning the septic tank was to be done by the contractor between 10th July, 2001 to 9th August, 2001 and the contractor started the work after the expiry of the said period without seeking the extension from the department and, therefore, the appellant was not responsible for the accident. It was further pleaded that there was no negligence on the part of the appellant. It was further pleaded that the contractor was held liable for the accident in the preliminary enquiry report, Ex. PW-5/A by the Deputy Welfare Commissioner and the appellant was not responsible for the negligence of the contractor. It was further pleaded that the legal representatives of the deceased were receiving pension and, therefore, they were not entitled to any compensation.

4. The following issues were framed by the Ld. Trial Court on 6th April, 2004 :

1. Whether claim in the suit of the plaintiff is bad for mis-joinder of parties? OPD

2. Whether suit is barred u/s 80 CPC? OPD

3. Whether M/s. Naveen Enterprises had failed to take necessary precaution and for that defendants can be held and liable? OPP

4. Whether deceased Ranbir Singh was doing any official duty at the relevant time or had volunteered? Onus to proof on both the parties.

5. Whether plaintiffs are entitled to decree in the sum of Rs.5,00,000/- or any other amount and from which of the defendants?

6. Relief.

5. The plaintiffs examined six witnesses at the trial. PW-1, widow of the deceased and PW-3, father of the deceased deposed that the deceased was 32 years and 6 months old at the time of the accident and was working as a Constable with CRPF at a salary of Rs. 5,000/- per month. They estimated their loss at Rs. 13,50,000/-. The respondents No. 1 to 7 issued a legal notice dated 28th January, 2003 to the appellant demanding Rs. 12,00,000/- as compensation. They proved the legal notice dated 28th January, 2003, postal receipts, acknowledgement card and the pension book as Ex. PW-1/A to PW-1/E. PW-2, Record Clerk from Babu Jagjivan Memorial Hospital proved the postmortem report as Ex. PW-2/A. PW-4 from Delhi Police proved FIR No. 331/2001 as Ex. PW-4/A. PW-5 from CPWD proved preliminary enquiry report of Deputy Welfare Commissioner as Ex. PW-5/A. PW-6 from CRPF proved that the deceased had put in 11 years, 5 months and 10 days of service and had 25 year