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BOMBAY HC to Civic Bodies: "Own up to your responsibilities!"
On May 16, 2015, a toilet wall built by the Barshi Municipal Council in Solapur district, Maharashtra, collapsed on a vegetable vendor named Mangal Kambale, aged 50 years. The victim succumbed to the injuries caused. THe victim was unmarried and supported her family inclusive of her aged mother.
Aftera few days, the Municipal Council apprised the locals of the incident and also stated that they are in the process to establish whether or not the victim's family was to be paid any compensation. Subsequently, on October 15, 2015, the council conveyed, that the poor and negligent construction was in fact the cause behimd such collapse that occurred. All this was clarified in a letter to the Sub Inspector of Police.
The petition in hand was filed by the victim's brother named - Anil Kambale.
TThe advocate representing the Petitioner's case - Manjo Shirsat, prayed before the division bench of Justice Akil Kureshi and Justice SJ Kathawalla of the Bombay High Court that - the death of Mangal Kambale had in fact resulted into undeniable hardships to the family as she was the main one to support the entire family. He further held the council liable to pay compensation taking into account failure on thier part to maintain their property which had in turn caused such an unfortunate incident in the first place.The respondent's advocate, VV Sethe denied any form of negligence whatsoever.
The Bombay High Court, while directing the payment of an ad-hoc compensation of Rs 2 lakh held that the computation of appropriate compensation for the victim's mother can be done only by means of filing an appropriate civil suit hence the same must be filed.
The Court observed:
"There was no earthly reason for a building to just collapse unless it was old and dilapidated. It is not even the cause of the Respondents that there was heavy rain, earthquake or some natural cause, which led to the collapse of the wall. In plain terms, therefore the construction was not properly maintained.
There is no other conclusion possible atleast from the material record. Council cannot escape its liability to maintain its own constructed building so that the lives of the citizens in the nearby area are not jeopardized. The council therefore must own up the responsibility to pay compensation for the death of unfortunate victim."
