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2012 Supreme(Del) 3297

J.R.MIDHA
UNION OF INDIA – Appellant
Versus
DHYAN SINGH – Respondent


Advocates Appeared:
For the Appellant : R.V. Sinha, Mr. R.N. Singh and Ms. Sangita Rai.
For the Respondents: P.K. Jha, Mr. Anuj Aggarwal and Mr. A.J. Bhambhani.

JUDGMENT :

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 we





































































































































































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