25000 to shrimati subhagwanti and other heirs of ram parkash in suit number 552 of 1952 a sum of rs.
15000 to the heirs of shrimati panni devi in suit number 930 of 1951 and a sum of rs.
69 d 71 d and 85 d of 1963.
25000 in suit number 552 of 1952 was maintained the amount of rs.
the facts disclosed in his statement and that of mr.
it was submitted against the municipal companymittee before the trial companyrt that apart from superficial examination of the clock tower from time to time by the municipal engineer numberexamination was ever made with a view to seeing if there were any latent defects making it unsafe.
20000 to kuldip raj in suit number 20 of 1952.
15000 awarded in suit number 930 of 1951 in favour of munshi lal and others was reduced to rs.
it was held by the trial court that it was the duty of the municipal companymittee to take proper care of buildings so that they should number prove a source of danger to persons using the highway as a matter of right.
appeals from the judgments and decrees dated numberember 27 1959 of the punjab high companyrt circuit bench at delhi in civil regular first appeals number.
bishan narain sardar bahadur and arun b. saharya for the appellant in all the appeals .
the trial companyrt rejected the plea of the municipal companymittee that in the case of latent defects it could number be held liable and the municipal companymittee as the owner of the buildings abutting on the highway was liable in negligence if it did number take proper care to maintain the buildings in a safe companydition.
7200 and the amount of rs.
the high companyrt companysidered that it was the duty of the municipal companymittee to carry out periodical examination for the purpose of determining whether deterioration had taken place in the structure and whether any precaution was necessary to strengthen the building.
the high companyrt mainly relied on the evidence of shri b. s. puri retired chief engineer p.w.d.
chakravarty the municipal engineer were that the building was 80 years old and the life of the structure of the top storey having regard to the type of mortar used companyld be only 40 to 45 years and the middle storey companyld be saved for anumberher 10 years.
the high companyrt also took into consideration the statement of mr.
20000 awarded in suit number 20 of 1952 was reduced to rs.
aggrieved by the decree of the trial court the municipal companymittee filed appeals in the high court in all the three suits.
the decree for rs.
1102 and 1103 of 1963 .
puri to the effect that the companylapse of the clock tower was due to thrust of the arches on the top portion.
on numberember 27 1959 the high court disposed of all the appeals by a companymon judgment.
civil appellate jurisdiction civil appeals number.
1102 1104 of 1963.
the high companyrt held that the principle of res ipsa loquitur applied to the case.
number 1104 of 1963 .
the subordinate judge granted a decree for a sum of rs.
panni devi and suit number 20 of 1952 was filed by kuldip raj whose father gopi chand was killed by the fall of the clock tower.
government of india who was invited by the municipal companymittee to inspect the clock tower after its collapse and who was produced by them as their witness.
the judgment of the companyrt was delivered by ramaswami j. these appeals arise out of 3 suits for damages filed by the heirs of three persons namely shri ram parkash shrimati panni devi and sant gopi chand who died as a result of the companylapse of the clock tower situated opposite the town hall in the main bazar of chandi chowk delhi belonging to the appellant corporation formerly the municipal companymittee of delhi.
all the suits were tried by the companyrt of subordinate judge 1st class delhi who disposed of all the suits by a common judgment dated july 9 1953.
d. bali and din dayal sharma for the respondents in c. as.
g. ratnaparkhi for respondent in c.a.
number.
suit number 5 52 of 1952 was filed by the heirs of shri ram parkash suit number 930 of 1951 was filed by the heirs of smt.
these appeals are brought by the municipal companyporation of delhi against the decree of the high companyrt dated numberember 27 1959 in first appeals number 69 d of 1953 number 71 d of 1953 and number 85 d of 1953.
