Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Torts Negligence Tortuous Liability |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Delhi Municipal Corporation Act, 1957 (66 of 1957) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Torts - Negligence - Fall of a branch of a dead and dried tree on the deceased while he was riding a scooter, crushing his head and resulting in his death the next day - Horticulture department of the Corporation failing to carry out periodical inspections of the trees or taking safety precaution to see that the road was safe for its users - Held, the Municipal Corporation was negligent in performing its duty under the common law and therefore liable in damages to the plaintiff for the injury caused to the deceased by fall of the branch of tree. Tortuous Liability - Claim by Legal heirs of the deceased - Deceased aged 30 years and having net income of Rs. 1000 per month from family business and commission on sales - Dependency assessed at Rs. 800 per month after deducting Rs 200 expenses on self - Multiplier of 15 adopted and quantum of compensation assessed at Rs 1,44,000 by Division Bench of High Court in supersession of Rs. 90, 000 assessed by the Trial Judge - Held, the figure of compensation arrived at by Division Bench is a very reasonable figure and calls for no interference - Additional interest - Award of upheld on consideration of totality of circumstances. Delhi Municipal Corporation Act, 1957 - Section 478 - Provision for service of two months' notice before institution of a suit and limitation of six months from the date of accrual of cause of action for institution of a suit - Applicability of - Held, the plaintiffs' action was founded in tort and to such an action Section 478 does not apply at all - Suit not vitiated by failure to sever a two months' legal notice - Suit filed within a period of two years from the date of accrual of cause of action was within limitation under Article 82 of the Limitation Act - Indian Limitation Act, 1963 - Article 82. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 1999 INSC 232 |
Petitioner | The Municipal Corporation Of Delhi |
Respondent | Smt. Sushila Devi And Ors. |
SCR | [1999] 2 S.C.R. 1198 |
Judgement Date | 1999-05-07 |
Case Number | 687 |
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