Child died after falling into a pit…justice received after 8 years, court orders compensation to Jal Board

New Delhi: The Delhi High Court has directed the Delhi Jal Board (DJB) to pay compensation of Rs 22 lakh to the family of a nine-year-old boy who died after falling into a pit in 2016. The court said that DJB's negligence has been proved in the case. The High Court said that it was the primary responsibility of the DJB to maintain safe conditions around the pit site and take necessary precautions, but the authorities failed to do so.

The family members of the child who lost his life after falling into the pit had filed a petition in the court, during the hearing of which the court gave this direction to the DJB. In the petition, the child's family had alleged that due to the gross negligence and dereliction of duty on the part of the officials, their child died after falling into a pit filled with rain water.

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This incident happened in July 2016. The child was flying a kite with other children and to chase the kite he ran towards the empty field owned by DJB and fell into the pit dug there. When he did not return home, his family members interrogated other children and went to the vacant land, where his body was found in a pit. The family moved the court seeking compensation for the death of their child due to the alleged negligence of the DJB.

“DJB had the primary responsibility to maintain safe conditions around the crater site and take necessary precautions, but the authorities failed to do so,” the court said.

Justice Purushendra Kumar Kaurav said, “Further, if as per DJB, 'Tata Power Delhi Distribution Pvt Ltd' (TPDDL) has been negligent in the maintenance of the land, then TPDDL will be liable for any negligence related to the land as per DJB law. or its contractors is free to initiate legal action against it. He said that DJB's negligence has been proved.

DJB claimed that the land where the incident occurred was in the possession of TPDDL at the time of the incident and alleged that the tragic incident occurred due to negligence on the part of TPDDL. Counsel for TPDDL submitted that the petition against it was not maintainable and the petitioners had neither made any allegation against it nor made any specific statement regarding its negligence. He said the place where the unfortunate incident took place neither belonged to nor was in the possession of TPDDL.(With agency inputs)