V.K. Jain, J.

1. This is a suit for recovery of Rs. 42 lakh as damages and compensation. Late Sh. Giri Raj Kishore, husband of plaintiff No. 1 and father of plaintiffs No. 2 and 3, was an employee of defendant DDA, working as Assistant Field Investigator and he died in a fatal accident while on duty, in DDA office at Vikas Sadan, New Delhi, when he was crushed by a lift. It is alleged that the defendant had provided defective and ill-maintained lift for its employees, in violation of safety rules, which resulted in the aforesaid fatal accident claiming the life of Sh. Giri Raj Kishore. At the time of his death Sh. Giri Raj Kishore was about 37 years old and had another 21 years to retire. It is alleged that he was drawing a salary of Rs. 4000/- per month at that time. The plaintiffs have claimed Rs. 37 lakh towards loss of salary benefits, economic loss, retirement benefits, etc. and a sum of Rs. 5 lakh has been claimed as damages for installing unsafe lifts which resulted into the fatal accident, causing corporeal loss, mental torture and agony to the plaintiffs.

2. The defendant has contested the suit and has claimed that since it has already paid leave encashment, gratuity, the am