Sharafat Khan & ORS v. Union Of India

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2507/2014 and CM No. 24483/2017 SHARAFAT KHAN & ORS ..... Petitioners Through:

Mohd. Arshad, Advocate.

versus UNION OF INDIA AND ANR.

..... Respondents Through:

Mr Durgesh Gupta and Ms Shweta Tiwari, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 29.10.2018 1.

The petitioners have filed the present petition, inter alia, praying that directions be given to respondents to pay a sum of ₹15,00,000/- along with interest as compensation for the unfortunate incident whereby their minor son lost his life by falling in the pit/trench, which was dug in connection to a project undertaken by the respondents.

2.

It is pointed out that the petitioners have not disclosed that the petitioners had already entered into a settlement with respondent no.2 (who is a contractor engaged for the construction work) and had already accepted a sum of ₹3,10,000/- towards compensation on account of death of their minor child.

3.

The learned counsel appearing for respondent no.2 has filed an affidavit affirming that they had paid a sum of ₹1,10,000/- on 03.06.2013 and the balance was to be paid at the time of the disposal of the FIR. The learned counsel appearing for respondent no.2 states that the said amount of

₹2,00,000/- was also paid through a demand draft. He shall file an affidavit to this effect enclosing therewith the proof of the payment. 4.

In view of the above, this Court finds no reason to pass further orders.

5.

The petition is disposed of. The pending application is also disposed of.

VIBHU BAKHRU, J OCTOBER 29, 2018 RK