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2023 (2) TMI 653 - DELHI HIGH COURTCompensation sought by deceased writ petitioner, who suffered a head injury as a result of the Bank's sign board falling on his head - HELD THAT:- Since the Bank, had control over the signboard which fell on the deceased writ petitioner's head, causing serious injuries and it had neither periodically inspected nor put in place a protocol for monitoring the maintenance of the signboard which was fixed on the façade of the building, the occurrence of the accident, in law, was attributable, in this case to the defendant. Furthermore, the coming off of the signboard, given its size and location, had the potentiality of causing harm and injury to a passer-by who crossed the public pathway which abutted the building. In that sense, the Bank owed a duty of care to every passer-by, which was breached as it failed to aver that it had periodically carried out inspections and monitored the maintenance of the signboard - Besides this the defence of act of God/vis major available to ward off the strict liability cast under the common law principle was also not available since the hazard presented by a signboard coming off the façade of the building was a foreseeable event given the fact that Delhi experiences high-velocity winds, in May, each year. There are no merit in the appeal preferred by the Bank - appeal dismissed.
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