The Delhi High Court has directed the Delhi Jal Board (DJB) to pay ₹30 lakh in compensation to the family of a 37-year-old man who died after falling into a pit dug by the authority for pipeline repair work. The court emphasized the necessity of a policy to ensure immediate financial assistance to victims of negligence by public authorities.
Information was available with The Chenab Times indicating that Justice Purushaindra Kumar Kaurav highlighted the extreme vulnerability of families who lose their sole breadwinner. The court stressed that such families should not be compelled to endure prolonged and costly litigation to secure basic financial relief, especially when the incident stems from the negligence of public bodies.
The court noted that the deceased’s widow, mother, and three minor children have been facing hardship since the incident occurred in 2019. While acknowledging that policymaking is an executive function, the court stated it could not remain passive in such circumstances. Official data presented revealed that in 2023, 8,246 individuals were injured and 3,904 people lost their lives in road accidents attributed to ongoing road works and construction activities. The judge asserted that these incidents are not unforeseeable but rather a direct consequence of administrative negligence and a failure to implement fundamental safety measures mandated for public infrastructure projects.
The court stated in its judgment, passed on May 29, that a structured and effective policy framework for the prompt disbursement of compensation in cases like these would significantly ensure that victims and their families receive immediate assistance without the burden of pursuing legal remedies. Such a mechanism, the court observed, would not only alleviate the hardship faced by affected families but also enhance accountability among public authorities responsible for maintaining public infrastructure and safety standards.
“The concerned authorities are, therefore, urged to examine the feasibility of formulating an appropriate policy in this regard, so as to ensure timely, humane, and efficient disbursal of compensation in deserving cases,” the court ordered. The incident occurred on the intervening night of April 17 and 18, 2019. The deceased, who was riding a motorcycle, fell into a ditch that the Delhi Jal Board had excavated in front of its office in Dhichaun Kalan for pipeline repair. He was discovered in the pit the following morning and passed away from his injuries a few days later.
The Delhi Jal Board had contended that the excavation work was carried out by a third-party contractor and that barricades had been erected around the ditch. The DJB suggested that the deceased’s own actions might have contributed to the accident, possibly due to his failure to stop his motorcycle in time due to the headlights of an oncoming truck.
However, the court rejected the DJB’s claim of contributory negligence by the deceased. It emphasized that it was the board’s fundamental obligation to ensure that any hazardous excavation on a public road was adequately secured with continuous supervision, sufficient illumination, and a prompt emergency response system. The court further observed that the fact that the deceased lay in the ditch the entire night represented a “systemic and egregious failure of the duty of care owed to the public by a statutory authority like DJB.” The absence of adequate barricading, warning signs, illumination, supervision, and emergency response mechanisms, the court noted, demonstrated a disregard for public safety and human life.
“The DJB ought to have been well aware that such accidents can occur if a pit is dug on a road that is used by the public. Therefore, in such cases, the duty of the State and statutory bodies does not exhaust itself with the mere installation of barricades, it extends equally to vigilant supervision over hazardous sites and ensuring timely emergency response,” the court remarked.
The court awarded a lump sum amount of ₹30,00,000 to the petitioners. Considering that they had already received ₹50,000 from the DJB, the respondents were directed to pay the remaining ₹29,50,000, along with simple interest at the rate of six percent per annum from the date of the accident until the date of realization. The compensation was ordered to be paid within three months of the judgment.
The court clarified that the DJB could not evade the consequences of its negligence by deferring responsibility to its contractor. However, the board was granted the liberty to initiate recovery proceedings against the contractor as per their contractual agreement.
The Chenab Times News Desk