Delhi High Court Holds Negligent Authorities Liable for Child’s Death; Awards Rs. 23,33,666/- Compensation
In a significant judgment, the Delhi High Court has held the respondents, Northern Railway and another party, liable for the death of a 12-year-old boy and directed them to pay a compensation of Rs. 23,33,666/- to the grieving parents. The court found the respondents negligent in their duty, leading to the unfortunate incident.
Justice Sudhir Kumar Jain and Justice Najmi Waziri, while delivering the judgment, stated, “The respondents were negligent in taking safety measures at the site to prevent any accident. The respondents are jointly and severally liable for their act of negligence and to pay compensation to the appellants.” The court emphasized that the liability to pay compensation for a civil wrong and a criminal wrong are independent and mutually exclusive.
The court further assessed the compensation to be awarded, stating, “The appellants are entitled to claim ‘Standard Compensation or Conventional Amount’ and ‘Pecuniary Compensation’ from the respondents.” The Standard Compensation was determined at Rs. 3,08,666/-, considering inflation and the erosion of the value of the rupee. Additionally, the court awarded pecuniary compensation of Rs. 20,25,000/-, considering the loss of earnings and dependency.
The judgment highlighted the importance of addressing negligence, stating, “The liability of respondents to pay compensation for civil wrongs is not discharged by the compensation received for criminal liability. The respondents cannot be absolved from their responsibility to take proper safety measures and prevent such unfortunate incidents.”
This landmark judgment serves as a reminder to authorities to exercise due care and fulfill their duty to safeguard public safety. The compensation awarded by the court aims to provide some solace to the grieving family and holds the respondents accountable for their negligence.
Decided on: 26th May, 2023
SHARAFAT KHAN & ANOTHER vs NORTHERN RAILWAY & ANOTHER
