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IN THE HIGH COURT OF DELHI AT NEW DELHI
JYOTI SINGH
Pappu Singh – Appellant
Versus
Gammon India – Respondent
JUDGMENT :
JYOTI SINGH, J.
1. This suit is filed on behalf of the Plaintiffs seeking compensatory damages of Rs.50 lakhs to Plaintiffs who are legal heirs of the deceased workers and to those Plaintiffs who were grievously injured in the incident of 12.07.2009. Compensation to the tune of Rs. 25 lakhs is claimed for Plaintiffs who suffered minor injuries. Exemplary damages are sought for the alleged reckless act of the Defendants in proportion to their net worth along with costs of the proceedings, amongst other reliefs.
2. It is stated in the plaint that an accident that took place at around 05:00 AM on 12.07.2009 at Delhi Metro construction site in Zamrudpur, New Delhi, where Pillar No. 67 (‘Pillar-67’) of the elevated metro railway track collapsed, resulting in death of seven individuals, including six daily wage labourers and one site engineer and serious injuries to 15 others. The victims were engaged as construction workers by Defendant No.1/Gammon India Private Ltd. (‘Gammon’), which was awarded the contract to carry out the work of the project under the supervision of Defendant No.2/Delhi Metro Rail Corporation (‘DMRC’). Plaintiffs include those who suffered injuries as also t
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.
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