Supreme Court of India · 1997-01-17
RAJKOT MUNICIPAL CORPORATION vs MANJULABEN JAYANTILAL NAKUM
- Citation / case number
- SC 1992/84760
- Court
- Supreme Court of India
- Petitioner
- RAJKOT MUNICIPAL CORPORATION
- Respondent
- MANJULABEN JAYANTILAL NAKUM
- Author
- K. Ramaswamy
- Bench
- G.B. PATTANAIK K. RAMASWAMY
Judgment text excerpt
The Supreme Court upheld the liability of the appellant-Corporation under tort law for the death of Jayantilal due to a tree falling on him, establishing that the Corporation had a statutory duty to maintain trees in a safe condition as per the relevant statutory obligations. The Court ruled that the respondents were not required to prove negligence, as the statutory duty imposed an absolute obligation on the Corporation to ensure the safety of passers-by. The appeal was dismissed, affirming the lower court's decree for damages of Rs. 45,000.