Municipal Corporation of Delhi vs Subhagwanti

Case Citation: Municipal Corporation of Delhi vs. Subhagwanti & Others, 1966 AIR 1750, 1966 SCR (3) 649

Date of Judgment: February 24, 1966

Bench: Justice v. Ramaswami, Justice K. Subbarao

Petitioner: Municipal Corporation of Delhi

Respondent: Subhagwanti & Others (With connected Appeals)

Facts of Municipal Corporation of Delhi vs Subhagwanti

Three lawsuits were filed against the Municipal Corporation of Delhi (formerly the Municipal Committee of Delhi) by the heirs of three individuals who died due to the collapse of the Clock Tower in Chandni Chowk, Delhi. The plaintiffs claimed damages for the loss of their relatives, alleging that the collapse was due to the negligence of the Municipal Committee in maintaining the structure.

The trial court held that the Municipal Committee had a duty to ensure the safety of buildings adjacent to highways, to prevent them from being a source of danger to the public. The court awarded damages of Rs. 25,000, Rs. 15,000 and Rs. 20,000 to the plaintiffs in the three respective suits.

On appeal, the High Court upheld the decision of the trial court but reduced the amounts of damages in two of the cases to Rs. 7,200 and Rs. 9,000 respectively. The High Court applied the doctrine of res ipsa loquitur, stating that the mere fact of the tower’s collapse, a structure under the exclusive control of the Municipal Committee, was sufficient to infer negligence. The court emphasised the duty of the Committee to periodically examine the structure for any deterioration and to take necessary precautions to strengthen it.

Municipal Corporation of Delhi vs Subhagwanti Supreme Court Decision

The Municipal Corporation of Delhi appealed to the Supreme Court in Municipal Corporation of Delhi vs Subhagwanti, arguing that the doctrine of res ipsa loquitur was inapplicable, that the collapse was an inevitable accident, that the defects leading to the collapse were latent and therefore the Corporation could not be held negligent and that the damages awarded were excessive.

The Supreme Court in Municipal Corporation of Delhi vs Subhagwanti upheld the application of the doctrine of res ipsa loquitur by the High Court. It stated that there is a special obligation on the owner of premises adjoining a highway to ensure the safety of structures. The Court held that if such structures fall into disrepair and pose a danger to passersby, the owner is liable for any resulting injuries, irrespective of whether the defects were patent or latent.

The Supreme Court also affirmed in Municipal Corporation of Delhi vs Subhagwanti the principles applied by the High Court in estimating the damages in all three appeals, finding them to be correct.

Municipal Corporation of Delhi vs Subhagwanti Case Summary

Municipal Corporation of Delhi vs Subhagwanti involved a claim for damages against the Municipal Corporation of Delhi due to the collapse of a clock tower in Chandni Chowk, resulting in the death of several individuals.

The plaintiffs, heirs of the deceased, filed suits alleging negligence on the part of the Municipal Committee in maintaining the structure. The trial court and the High Court found in favour of the plaintiffs, applying the doctrine of res ipsa loquitur and holding the Municipal Corporation liable for the damages.

The Supreme Court in Municipal Corporation of Delhi vs Subhagwanti upheld the application of the doctrine of res ipsa loquitur and the findings of the lower courts, emphasising the duty of the owner of premises adjoining a highway to ensure the safety of structures and their liability for injuries caused by both patent and latent defects.