Would Municipality be liable to pay damages for death of a Doctor slipped away in open pothole during a heavy rain?:

Would Municipality be liable to pay damages for death of a Doctor slipped away in open pothole during a heavy rain?:

Case is of law of Tort. Whosoever has duty to take care, but neglects to take care, will be liable to pay damages.

Defense of Municipality is, (in this imaginary case) that some local residents removed the lid of pothole due to heavy rain, and the heavy rain is Act of God, and therefore, Municipality is not liable.

Defense of Act of God is not tenable. Because, cause of death is due to slipping in an open pothole. It is duty of Municipality to maintain such holes in safe condition.

Second defence "Some local resident removed lid" is a matter of Evidence. Most probably, Municipality will not find witnesses.

I have written this only for public education purpose. This is not a general legal advice.

It may be noted that after 2008 Justice #Katju judgement, even Govt hospitals are liable for damages for negligence.

Cost of filing a PIL or a Public Interest Litigation in India

S-259 Cost of filing a PIL or a Public Interest Litigation in India

There are many Senior Advocates and other Advocates, in Supreme Court and in High Courts, who will be willing to argue a PIL without charging any fee.

Preparation of filing a PIL may involve costs of

1) Making a representation to Authorities if it is not already made
2) Cost of preparing, typing, making copies of necessary case paper books,
3) Cost of clerkage of clerk
4) Cost of a Junior Advocate in putting papers in chronological order and preparing draft.
5) Court Fee of about Rs.500/-

Total cost may be between Rs.10,000/- to Rs.20,000/- for a "Not Very Tough" PILs in India.

Haresh Raichura. 29/8/17

5000 Years ago today, a Mysterious Man was born among us. He used to...

5000 Years ago today, a Mysterious Man was born among us. He used to help us even if we were not his relatives or friends.

One day, we asked him who he was. He said he was a God and He added that all Glorious and Strong Persons  of all centuries are also Parts of God.

He said all we need to do is to identify and follow such Glorious and Strong Persons and they will lead us to that which is good for us.

His name was Krishna. Today is his birthday.🌼

Haresh Raichura 15/8/17