LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

RAHUL SHAH   19 July 2021

Local bodies

In my locality, work of laying underground pipes for sewage is going on for the last many months. The local body has dug up the roads and is repeatedly stalling the work with one excuse or the other. Today, a person fell in a manhole and died. Can the local authorities be held liable for causing the death of the person due to their gross negligence?  



Learning

 4 Replies

Kevin Moses Paul   19 July 2021

As per your query, let me inform you that negligent actions can be brought before the court whether it's been committed by any person or group of persons or either by Government authorities itself. In India negligence and limitations are dealt under the "Law of Negligence and Limitation of Liability Act, 2008".

Thus, you may proceed to take the matter before the honourable court in order to point out the negligence of the authorities due to which a person has lost his life, as it is a serious case.

Please refer to the down below case law, in order to attain more input regarding the same:-
Faiyazhussain Nazirahmed Ansari vs Ahmedabad Municipal Corporation

Hope It Helps

Regards
Kevin M. Paul
1 Like

Dr J C Vashista (Advocate)     20 July 2021

Yes, the local body / concerned authority is liable and shall be prosecuted. 

G.L.N. Prasad (Retired employee.)     20 July 2021

It all depends as to whether the Govt dept., is attending or the contract was given to a contractor.  The victim should make both dept., and contractor as parties to such suit for negligence.  The dept., is expected to display such boards and take precautions and it all depends on facts as to whether there are violations by the deceased of overlooking such warning displayed in notices.

P. Venu (Advocate)     20 July 2021

Yes, the concerned department as well the contractor could be sued for damages.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register