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january 1997

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.

RAJKOT MUNICIPAL CORPORATION vs MANJULABEN JAYANTILAL NAKUM · Niyam