On NHRC directions Delhi Government pays Rs. 3 lakh as relief in a matter of death in a manhole.

New Delhi, August 17th, 2012

On NHRC intervention in a matter of death due to fall in an open manhole, the Delhi Government has paid Rs. 3 lakhs as monetary relief to the wife of deceased Devender Kumar Prasad. The Commission has also been informed that a case has been registered against the negligent Junior Engineer, Municipal Corporation of Delhi, North Shahdara and he has been arrested.

The Commission had moved in the matter on a complaint filed by one Mr Radha Kant Tripathy alleging that on the 15th March, 2010 Devender Kumar Prasad fell into a manhole and died due to the negligence of the MCD. He was the sole bread earner of his family and that the civic body had neither provided any compensation to his next of kin, nor any action was taken against the erring MCD personnel. Intervention of the Commission was sought for preventing such incidents in future and justice to the victim's family.

In pursuance of the NHRC notices, the authorities informed that the action had been taken against the negligent official. However, the victim's family was not compensated as death due to fall into an uncovered sewer manhole was not covered by any item listed in the list of various eventualities and natural calamities under circular dated 5th April,2011 for which the Government of NCT Delhi had decided the scale of amount for grant of ex-gratia relief. It was also informed that there was no proposal to grant any such relief to the victim Devender's family.

The Commission, setting aside the contention of the Delhi Government, observed that the matter involved the violation of right to life and negligence of a public servant in preventing that. The Commission directed the Delhi Government through its Chief Secretary to pay Rs. 3 lakhs as monetary relief to the next of kin of deceased and a compliance report alongwith proof of payment was also sought.

The Delhi Government was also directed to take necessary steps for prevention of recurrence of such incidents of death/injury to any person in future due fall in any open manhole. The manhole must be covered with lids. Even during construction work, the danger mark at the site should be prominently displayed for information of public.

The Commission has been informed that all necessary safety precautions as recommended by the it have been put in place. A copy of the proof of payment to Ms.Kamlesh, widow of deceased Devender Kumar Prasad was also been received by the Commission.
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