Sh. Pravesh Kumar, S/o Sh. Vijay Masih vs Delhi Jal Board

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Del) 855

PURUSHAINDRA KUMAR KAURAV
Sh. Pravesh Kumar, S/o Sh. Vijay Masih – Appellant
Versus
Delhi Jal Board – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Ms. Aruna Mehta, Adv.
For the Respondent: Mr. Karunesh Tandon, Mr. Rahul Chauhan and Mr. Abhishek Singh, Mr. Manish Kumar Srivastava, Mr. Moksh Arora, Mr. Santosh Ramdurg, Mr. Yash Srivastava, Mr. Kirtiman Singh, CGSC with Mr. Waize Ali Noor, Mr. Varun Pratap, Mr. Maulik and Mr. Rajeev, Advs. with Mr. Summonu SI

JUDGMENT :

The instant petition is filed under Article 226 of the Constitution of India, seeking compensation for the untimely and tragic death of the petitioners” nine-year-old son, namely Master Justin/Joy (hereinafter referred as “deceased”), who fell into a pit and died allegedly due to the gross negligence and dereliction of duty on the part of the official respondents.

2. Petitioner No.1, i.e., father of the deceased, is stated to be working in Sun City restaurant, Netaji Subhash Place, Delhi as a Supervisor and petitioner No.2, i.e., mother of the deceased, is an Assistant Teacher in recognized St. Mother Teresa Public School, Burari, Delhi. The petitioners also have an eleven-year-old daughter, namely, Navya and both the children of the petitioners were studying in the same school where their mother was teaching.

3. On the fateful day i.e., 20.07.2016, the deceased and some other children were flying kites on the roof of their respective houses. While chasing a cut-off kite, the deceased was running towards the vacant ground owned by respondent No.1-Delhi Jal Board (hereinafter referred as “DJB”), when unfortunately, he slipped and fell down in a pit dug in the vacant land.