NEW DELHI, May 17: Thirty-five years after a person was crushed to death by a falling branch of a neem tree, the Supreme Court has held that Municipal Corporation of Delhi (MCD), on whose land the tree was standing, was liable to compensate the family of the victim.On August 18, 1964, Suresh Chander, the victim, and his brother Ramesh Chander were going on a scooter from their office to their residence. The deceased was driving the scooter and his brother was riding pillion.While passing by Sant Permanand Blind Relief Mission building situated at 20, Alipore Road, a branch of the neem tree standing there suddenly broke off and fell on Suresh Chander crushing his head.Both the trial court and the high court had held that the tree in question was a dead one and it was the duty of the horticulture department of MCD to take precautions to see that the road was safe for its users.These courts further held that it was the duty of the MCD to remove such branches of the dead trees projecting on to theroads which could prove to be dangerous to the passers-by.The apex court bench comprising Justices AP Misra and RC Lahoti said the high court was right in ``holding the MCD negligent in performing its duty under the common law and therefore liable in damages to the family of the victim.''The apex court said if the tree was dangerous on account of any disease or being dead, the tree or its branch was likely to fall and thereby injure any passer-by, then such tree or branch must be removed to avert the danger to life.Justice Lahoti, in his judgement for the bench, said it was not the defence of the MCD that the branch of the tree fell due to an act of god such as storm, tempest, lightning or extraordinary heavy rain and hence it was not liable.The deceased was survived by a widow, three minor sons and a minor daughter and his mother and all the six had claimed damages to the tune of Rs three lakh in 1966.A single judge of the Delhi high court held MCD liable for damages and granted a decree of Rs90,000 by way of compensation payable to the widow and her children.A division bench of the high court, while dismissing an appeal filed by MCD, enhanced the compensation amount to Rs 1,44,000 payable with interest calculated at the rate of six per cent per annum from the date of suit August five, 1966 till September 17, 1970, when the amount was deposited by the MCD in the court for payment to the successful claimants.
