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2023 Supreme(Del) 5105

NAJMI WAZIRI, SUDHIR KUMAR JAIN
Sharafat Khan – Appellant
Versus
Northern Railway – Respondent


Advocates appeared:
Ms. Aruna Mehta, Advocate
Mr. Vikrant N. Goyal with Ms. Tesu Gupta and Ms. Ayushi Garg, Advocates for R-1.
Ms. Rani Tiwari and Mr. S.K. Mishra, Advocates for R-2.

JUDGMENT

Sudhir Kumar Jain, J.

1. This appeal impugns the order dated 29.10.2018 dismissing their writ petition (W.P.(C) bearing no.2507/2014) in which they had claimed damages and compensation for the drowning of their 12 year old son, in a water filled ditch dug-up by R-2 for work being carried out for R-1. The appellants had claimed Rs.15,00,000/- on the methodology adopted for award of compensation in motor-vehicular accidents claims. The appellants pleaded that they were residing at Jhuggi no.107, Street No.9, Chanderpuri, Kailash Nagar, Delhi- 110031 and Faizan (hereinafter referred to as "the deceased") was one of their children. There was a vacant land in between Pilli Mitti Railway line and Metro line (hereinafter referred to as "the site") which was used by the children of the locality as a playground.

2. The respondent no.1 engaged the respondent no.2 to dig up a rainy well at the site. The appellants also came to know through concerned J.E., Railway, Shakur Basti, Rohtak Road, Delhi that the construction of the well was assigned to the respondent no.2. The digging work was continued for many days and the entire area had become slippery due to filling up of water in th

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