MOHINDER SINGH vs MCD

Judgment text excerpt

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 10th March, 2025 + W.P.(C) 4735/2008 MOHINDER SINGH & ORS. .....Petitioners Through: Mr. Sunil Mendirata, Advocate versus MCD .....Respondent Through: Mr. H.S. Phoolka, Senior Advocate with Ms. Aakanksha Kaul and Ms. Rhea Borkotoky, Advocates for MCD. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JUDGEMENT JYOTI SINGH, J. (ORAL) 1. This writ petition is preferred on behalf of the Petitioners under Articles 226 and 227 of the Constitution of India for a direction to MCD to pay compensation to the Petitioners to the tune of Rs. 10 lacs with interest. 2. To the extent relevant, the facts are that son and daughter-in-law of Petitioner No. 1 were returning back from a marriage ceremony on 19.02.2007 on a two-wheeler scooter. On reaching Ghanta Ghar, suddenly, a stray cattle came on the road and hit the scooter and both of them fell off. Large number of people gathered at the spot and Police was also called. Son of Petitioner No. 1 suffered major injuries and was rushed to Jagjeewan Ram Hospital, where he succumbed to his injuries on 21.02.2007. 3. Petitioners No. 2 and 3 are grand children of Petitioner No. 1 and it is averred in the petition that his daughter-in-law left the matrimonial home Signature Not Verified Digitally Signed W.P.(C) 4735/2008 Page 1 of 7 By:KAMAL KUMAR Signing Date:20.03.2025 19:02:30 and the children and has re-settled. Petitioner No. 1 is a senior citizen and has no source of livelihood and has the responsibility of maintaining the grand children. Present petition was filed seeking compensation for untimely death of Petitioner No. 1’s son alleging negligence on behalf of MCD in failing to keep the stray cattle away from the roads where there is flow of traffic. 4. On 24.01.2025, Court had r