On August 18, 1964, Suresh Chander, the victim, and his brother Ramesh Chander, were going from the office to their residence on a scooter. The deceased was riding the scooter with his brother seated behind.

When they were passing by the Sant Parmanand Blind Relief Mission situated at 20, Alipore Road, a branch of the neem tree 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 the MCD to see that the road was safe for its users.

These courts further held that it was the duty of the MCD to remove the branches of dead trees projecting on to roads. The apex court bench, comprising Justice A.P. Misra and Justice R.C. Lahoti, said the High Court was right in ``holding the MCD negligent in performing its duty under the common law and therefore liable to pay damages.''

The deceased was survived by a widow, three minor sons, a minor daughter and his mother and all the six had claimed damages to the tune of Rs 3 lakh in 1966. A single judge of the Delhi High Court had held the MCD liable for damages and granted Rs 90,000 by way of compensation.

The High Court, while dismissing an appeal filed by the MCD against the single judge's order, enhanced the compensation amount to Rs 1.44 lakh payable with interest.