$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 20.01.2026 + W.P.(C) 11617/2015 TWINKLE CHHABRA .....Petitioner Through: Ms. Ritu Negi and Mr. Raman Bahl, Advs. versus STATE BANK OF INDIA AND ANR .....Respondents Through: Mr. Rajiv Kapur, SC, Mr. Akshit Kapur and Ms. Riya Sood, Advs. for SBI.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA SACHIN DATTA, J. (Oral

1. The present petition has been filed by the Petitioner seeking directions to the respondents to pay compensation / damages for the trauma and harassment caused to the Petitioner due to the alleged negligence and carelessness of the Respondents in an incident that occurred on 21.04.2015 inside the premises of the Shalimar Bagh Branch of the Respondent No.1 bank / State Bank of India (SBI).

2. In the present petition, the Petitioner seeks the following reliefs :

“a) Issue a writ of Mandamus and/or other appropriate writ(s)/order(s) and other appropriate writ(s)/order(s) thereby directing the respondent no.1 and 2 to pay damages/compensation to the petitioner for the trauma and harassment caused due to the negligence and carelessness of the Respondents;

b) Issue a Writ of Mandamus and/or other appropriate writ(s)/order(s) and other appropriate writ(s)/order(s) thereby directing the respondent no. 1 and 2 to pay an interest over and above the aforesaid amount at the rate of 18% per annum from the date of accident till realization from the respondents; and c) Pass such other and further order(s) as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.”

3. The case of the Petitioner is that, while she was present in the Respondent No.1 bank for opening a savings account on 21.04.2015, a firearm carried by Respondent No.2, an armed security guard deployed by Respondent No.1 bank, accidentally discharged, resulting in pellet injuries to the Petitioner in her thigh muscles. She was immediately taken to Fortis Hospital, Shalimar Bagh, where she underwent surgical treatment, the cost of which was covered by the Respondent No.1 bank. The Petitioner was subsequently discharged from the aforesaid hospital the next day i.e., on

22.04.2015.

4. On 21.04.2015, an FIR, under Sections 336 and 338 of the Indian Penal Code, 1860, was registered by the Petitioner against Respondent No.2, (employee/ security guard of the Respondent No.1 bank) with respect to the aforesaid incident.

5. It is further submitted that the incident occurred due to the negligence of Respondent No.2 in the course of his employment, and that Respondent No.1 Bank is vicariously liable to compensate for the same.

6. The Petitioner further contends that despite bearing certain initial medical expenses, Respondent No.1 bank has failed to consider the Petitioner’s claim for compensation/ damages on account of (i) loss of income; (ii) loss of career prospects; (iii) loss of marriage prospects; (iv)

mental agony and trauma etc.

7. Thereafter, on 14.12.2015, the Petitioner filed the present petition seeking reliefs as enumerated in para 2 hereinabove.

8. On 04.03.2016, this Hon’ble Court issued notice in the present matter. On the same date, a letter dated 11.02.2016 issued by Respondent No.1 bank was handed over to the Court. Upon perusal thereof, this Hon’ble Court directed the Respondent No.1 bank to reimburse all medical expenses incurred by the Petitioner, whether in the past or in the future, arising out of the injury suffered by the Petitioner on 21.04.2015.

SUBMISSIONS ON BEHALF OF THE PETITIONER

9. Learned counsel for the Petitioner contends that the present case is a clear instance of negligence on the part of Respondent No.2, inasmuch as the incident occurred while Respondent No.2 was on duty at the premises of Respondent No.1 bank. It is submitted that both the Respondents are jointly and severally liable for the accident and for payment of compensation to the Petitioner. It is further contended that the failure of the Respondents to properly check, service and maintain the firear