Delhi HC directs MCD to compensate kin of minor electrocuted in park
New Delhi: The Delhi High Court has directed the North Delhi Municipal Corporation to pay Rs 10 lakh as compensation to the parents of a 13-year-old boy, who was electrocuted in a park after receiving shock from a metallic fencing erected around a high mast pole in 2010.
Justice J R Midha directed the municipal body to deposit the amount along with interest with the high court's registrar general within six weeks and listed the matter for December for disbursement of the money to the child's parents.
The incident took place on July 12, 2010 when the minor was playing in the park near his residence in Anand Parbat area.
A case was lodged and charge sheet was filed against an municipal body official for the alleged offences of causing death by negligence and causing hurt by act endangering life or personal safety of others under the IPC.
The child's parents approached the high court seeking compensation for their son's death. They had claimed that the civic body was responsible for maintaining the park and was liable to pay them compensation.
Allowing the plea of the parents, the court said North MCD was held primary liable to pay the compensation in the first instance to the family.
It said that after depositing the compensation amount, the North MCD would be at liberty to initiate appropriate legal proceedings against the Delhi Urban Shelter Improvement Board (DUSIB), BSES Yamuna Power Ltd and or any other agency, in accordance with law.
The civic body had said that the accident might have taken place due to the accumulation of rain water in the park and leakage in earthing of the main lines.
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The civic body had earlier claimed that it was neither the owner nor the custodian of the park or the pole and was not responsible for the maintenance of the pole on the date of the accident on July 12, 2010.
It had said that Slum and JJ Department of the MCD was converted to DUSIB with effect from July 1, 2010 and the board was responsible for the maintenance of the pole on the date of the accident.