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Dav Managing Committee Vs. Dabwali Fire Tragedy Victims Association [23/01/13]

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[Civil Appeal No.630 of 2013 arising out of SLP (C ) No.6715 of 2010]. We have heard Mr. Rakesh Dwivedi, learned senior counsel for the appellants and Mr.Manoj Swarup, learned counsel for respondent no.8 - Rajiv Marriage Palace and dispose of the appeal by passing the following judgment. This appeal is directed against the judgment and order dated 9th November, 2009 passed by the High Court of Punjab & Haryana at Chandigarh in Civil Writ Petition No.13214 of 1996, urging various grounds and praying for setting aside the impugned judgment. According to the appellants the relevant necessary facts and the grounds framing certain questions that would arise for consideration of this Court are confined at the time of hearing only with regard to the grievance of the appellants that the High Court having accepted the findings of fact recorded on the question of negligence on the part of the appellants and respondent no.8 - Rajiv Marriage Palace, who were held negligent in the fire accident caused on the fateful day on account of which 446 persons died and so many others had burn injuries. On the question that framed for its consideration by the High Court with regard to apportioning the respondent's negligence for the tragedy in question and the liability for payment of compensation flowing from the same upon the parties to the writ proceedings have recorded the acts of omissions and commissions on the role played by each one of those held responsible for the accident.

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