Judgment:
IN THE HIGH COURT OF DELHI AT NEW DELHI $~13 * % + W.P.(C) 12087/2015 CHIRANJI LAL & ANR. Date of Decision:
13. h July, 2017 ........ Petitioner
s Through: Mr. Sanjeev Mehta, Advocate versus DELHI DEVELOPMENT AUTHORITY Through: Mr. S. R. Sharma, Advocate ..... Respondent CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) The petitioners are the parents of a child named Harish Kumar aged 1. 11 years who fell down from an iron gate of DDA park in Vikas Puri on 8th July, 2015 and suffered fatal injuries.
2. During the course of the hearing dated 21st July, 2016, this Court observed that an ex gratia compensation of Rs.10 lakh be paid in death cases. This Court also constituted a Committee presided over by Mr. Sanjay Jain, learned Additional Solicitor General to consider formulating the policy guidelines for payment of fixed compensation. The relevant portion of the order dated 21st July, 2016 is reproduced hereunder: “3. DDA has filed the relevant documents. As per the data furnished, three such cases occurred in the last three years. The particulars of the cases are given in the documents filed.
4. This Court is of the prima facie view that in such cases, a high W.P.(C) 12087/2015 Page 1 of 3 3. Learned counsel for DDA submits that deliberations would be powered committee of DDA comprising of an Engineering Member, Finance Member and Chief Legal Advisor should examine such cases for release an ex gratia amount of Rs.10,00,000/- in death cases without prejudice to all rights and contentions.
5. required on the suggestion of this Court.
6. This Court is of the view that a Committee be constituted to deliberate upon the suggestions of this Court and formulate a policy guideline as is being done in the case of death of sewage workers and death due to electrocution in public places. This Court has formed the Committees to frame the policy guidelines in the cases of death of sewage workers and electrocution cases and Mr. Sanjay Jain, learned Additional Solicitor General is chairing both the Committees.
7. Mr. Sanjay Jain, learned ASG, has consented to chair this Committee as well. Mr. Kirtiman Singh, learned standing counsel for Central Government, Mr. Rajiv Bansal, learned senior standing counsel for DDA, Mr. Venktesh Mohan, Finance Member/his nominee Dr. Mahesh Kumar, Engineering Member/his nominee and Mr.Anil Kumar Sharma, Chief Legal Advisor of DDA will be the members of the Committee. Learned ASG is at liberty to invite and add more members The Committee shall consider formulating the policy guidelines for payment of fixed compensation to the victims of the accidents. The ex gratia amount in case of injuries be deliberated upon by the Committee. The Committee shall also consider taking the response of the petitioners and the legal representatives of three victims.” in the Committee. Learned counsel for the respondent submits that the Committee appointed by this Court has recommended payment of compensation of Rs.10 lakh in death cases and Rs.5 lakh in cases of permanent disability. The recommendations of the Committee are being considered by Delhi Development Authority. In the meantime, the respondent has approved the payment of ex gratia compensation of Rs.10 lakh to the petitioners on no fault liability. W.P.(C) 12087/2015 Page 2 of 3 4. This Court is satisfied that the compensation of Rs.10 lakh approved by the respondent is just, fair and reasonable.
5. Learned counsel for the petitioners submits that the petitioners agree to the compensation of Rs.10 lakh approved by the respondent.
6. The writ petition is allowed and the respondent is directed to deposit compensation of Rs.10 lakh with UCO Bank, Delhi High Court Branch within a period of four weeks from today. The compensation be deposited by the respondent with UCO Bank, Delhi High Court Branch by means of a cheque drawn in the name of UCO Bank A/c Beena Devi.
7. List for disbursement of the compensation amount on 23rd August, 2017.
8. The petitioners shall remain present in Court on the next date of hearing along with the passbooks of their savings bank accounts near the place of their residence as well as their PAN card and Aadhar card.
9. The respondent shall also place on record their decision on the recommendations of the Committee.
10. Copy of this judgment be given dasti to counsel for the parties under the signature of the Court Master. JULY13 2017 Dk J.R. MIDHA, J.
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