DHARMESH SHARMA
Promila Rastogi – Appellant
Versus
Delhi Development Authority Through Its Chairman – Respondent
JUDGMENT :
1. The petitioner is invoking the extra-ordinary jurisdiction of this Court by instituting the present writ petition under Article 226 of the Constitution of India, 1950, seeking the following reliefs:
(bi) the respondent to pay sum of Rs. 12,10,000/- to the petitioners as a compensation on account of loss of dependency, reimbursement of medical expenses, repair of balcony, loss of love & affection, mental agony and harassment suffered due to sudden demise of Shri Suresh Rustagi on 20.07.2000, as a result of collapse of balcony, of the flat no. 121-C, IInd Floor, Pocket A-1, Jhilmil, Phase-II, Delhi - 110095.
(c) the respondent to give appropriate employment to one amongst the petitioners on compensation ground.
(d) Cost of the Writ Petition throughout be awarded to the petitioners.
(e) any other or further relief which this Hon'ble Court deem fit and proper under the facts and ci
D.K. Basu, DK Basu v State of West Bengal
Klaus Mittelbachert v. The East India Hotels Ltd. & Ors.
Nilabati Behera v State of Orissa
Ram Kishore v. Municipal Corporation of Delhi
The court held the Delhi Development Authority liable for negligence in construction leading to a fatal accident, awarding compensation under Article 226 of the Constitution.
The court established that the principle of res ipsa loquitur applies in cases of State negligence, allowing for compensation claims without needing to prove fault.
Employers are liable for construction negligence leading to employee injury or death, but mere error of judgment without willful negligence does not invoke punitive damages.
The employer's liability to pay compensation arises as soon as the personal injury is caused to a workman by an accident arising out of and in the course of employment, and the penalty under Section ....
The main legal point established in the judgment is that the principle of res ipsa loquitur can be applied to establish negligence in cases of electrocution. The court also emphasized the liability o....
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