Principle: When a statute authorizes the doing of an act, which would otherwise be a tort, the party injured has no remedy except the one, if any, provided by the statute itself. The act done in pursuance of statutory power must be done without negligence.
Facts: Delhi Metro Rail Corporation (DMRC) is authorized by a statute to build and run metro rails oh the specified routes in Delhi. One of the pillars of the metro line collapsed causing death of five persons. It was found that the pillar collapsed because the engineer has not properly inspected it. Dependants of the deceased claimed damages from Delhi Metro Rail Corporation (DMRC).
A. Delhi Metro Rail Corporation (DMRC) is not liable because it is authorized by the statute to build metro rail
B. Delhi Metro Rail Corporation (DMRC) is not liable
C. Delhi Metro Rail Corporation (DMRC) is liable
D. Delhi Metro Rail Corporation (DMRC) is liable as the pillar collapsed due to the negligence of an employee of Delhi Metro Rail Corporation (DMRC)
Answer: Option D

Join The Discussion