Municipal Corporation of Delhi v. Subhagwanti

Facts

A clock tower situated in the heart of Chandni Chowk, Delhi, collapsed, causing the death of a number of persons. The structure was about 80 years old whereas the normal life of its top-storey masonry, given the mortar used, was only 40-45 years. The Municipal Corporation of Delhi had exclusive control of the structure and had failed to carry out periodical inspection and necessary repairs.

Issues

• Does the owner of a structure adjoining a highway owe a special duty of care to passers-by?
• Does the unexplained collapse of the structure raise a presumption of negligence?

Arguments

The claimants argued the corporation, having exclusive control, was negligent in failing to inspect and maintain an over-age structure. The corporation denied negligence on its part.

Held

The Supreme Court held that the fall of the clock tower told its own story and raised an inference of negligence against the corporation under the maxim res ipsa loquitur. As the structure was exclusively within its control and had outlived its normal life without inspection or repair, and the corporation could not disprove negligence, it was held liable to pay compensation.

Ratio decidendi

An owner who has exclusive control of a structure adjoining a highway owes a special duty to passers-by; where such a structure collapses in circumstances that do not ordinarily occur without negligence, res ipsa loquitur applies and the burden shifts to the owner to disprove negligence.

Significance

The leading Indian Supreme Court authority on res ipsa loquitur and on the liability of public authorities for dangerous premises adjoining highways; followed in Municipal Corporation of Delhi v. Sushila Devi and numerous later cases.

Related