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1998 Supreme(P&H) 206

V.K.BALI, M.L.SINGHAL
Punjab Civil And Consumer Welfare Front (Regd. ), Banur – Appellant
Versus
Union Territory Of Chandigarh – Respondent


Judgment

V.K.BALI, J.

1. Dereliction of duty which results in a precious life being taken away, rendering the guarantee under Article 21 of the Constitution of India as illusory as also violation of abandonment of common law duty of reasonable care guides us to compensate Shri Abhinandan Dass, father of a three years old female child who died by drowning in an uncovered manhole.

2. Punjab Civil and Consumer Welfare Front (Regd.) which is social, voluntary, non-governmental, non-political, consumer organisation striving hard to protect the rights of citizens in general and consumers in particular along with Shri Abhinandan Dass has filed the present petition seeking issuance of writ in the nature of mandamus directing respondents to pay compensation of Rupees Two Lakhs to petitioner No. 2 on account of tragic death of a three year old female child of the said petitioner. It has inter alia been pleaded that the President of the petitioner-organisation happened to read a news item in a local daily published from Chandigarh on 7-7-1997 which reported the death of three years old daughter of petitioner No. 2 by drowning in an uncovered manhole in village Palsora-U. T. Chandigarh. Petitio


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