RAJESH MANI KAUSHIK vs HARYANA INSTITUTE OF FINE ARTS

THIS order shall dispose of two appeals No. 435 of 1998, Rajesh Mani Kaushik v. Haryana Institute of Fine Arts and Cross Appeal No. 439 of 1998, Ali Hussan & Another v. Rajesh Mani Kaushik & Others, and both the appeals arise out of the same order dated 17th March, 1998 passed by the learned District Consumer Forum, Karnal, whereby the complaint of Rajesh Mani Kaushik alleging deficiency in service and negligence against the opposite parties, has been allowed by awarding a sum of Rs. 20,000/- by way of compensation, along with a sum of Rs. 5,000/- by way of litigation expenses.

ACCORDING to the complainant-Rajesh Mani Kaushik on 12th to 16th November, 1996, The Haryana Institute of Fine Arts arranged a stage performances competition at Karnal. It was advertised in the newspapers that a Children Bazar would also be held along with, for the entertainment which included electricity driven joy rides (Khoola) and other various items. Entrance fee was also fixed for admission to the Carnival. The complainant, who is a practising Advocate at Karnal went to visit the Carnival on 15th November, 1996 at about 8.00 p.m. along with his wife and two minor children. After purchasing the requisite entry tickets at the rate of Rs. 10/ per person, he entered the Carnival and boarded the electricity operated "Merry-go-round" (khoola). However, when the "Merry-go-round" started revolving at a very high speed, the seat on which complainant and his family members were 1sitting got detached and they were thrown away at a distance of 50 yards. Ground where the complainant and his family members fell, being a hard turf, they got injured and were shifted to the hospital of Dr. G.D. Sharma. Complainant remained admitted as an indoor patient in the hospital for 5 days for the treatment of injuries suffered by him on his face, neck, back and left side. Criminal case under Sections 336/337/287, IPC was also registered with the local police against the respondent Nos. 3 and 4, Ali Hussan and Ahmad Ali, owner and driver of the "Merry go-round". The complainant also filed complaint invoking original jurisdiction of the District Consumer Forum, Karnal, for claiming compensation for injuries by way of damages.

In their reply, respondent Nos. 1 and 2 Haryana Institute of Fine Arts and Neeraj Mitra pleaded, that they had only organized the Carnival and as such they were not liable to pay any compensation to the complainant. It is further pleaded that complainant has suffered injuries due to his contributory negligence, as the complainant over-loaded the Jhoola by taking his two children along with him and even refused to lock, the seats inspite of the directions from the operator. Similarly, respondent Nos. 3 and 4 in their separate written statement reiterated the stand taken by respondent Nos. 1 and 2 and denied the allegations of deficiency in service or negligence on their part. However, the learned District Consumer Forum, Karnal, after examining the evidence produced by the parties and a certificate issued by Dr. G.D. Sharma reg : severity of injuries, skin his disfiguration requiring plastic surgery etc. to the complainant, allowed the complaint against opposite parties Nos. 3 and 4, by awarding Rs. 20,000/- by way of damages along with Rs. 5,000/- by way of litigation expenses. The complainant-appellant has filed the present appeal for enhancement of compensation, as compensation awarded is inadequate and incommensurate with the gravity of the injuries and the shock suffered by the complainant. He has also contended that the complaint should have been allowed against respondent Nos. 1 and 2 also, who had organised the Carnival. On the other hand, Ali Hussan and Ahmad Ali-respondent Nos. 3 and 4, in their cross-appeals have challenged the impugned order passed by the learned District Consumer Forum, Karnal on the ground, that maintenance and repairs of "Merry-go-round" were the duty of Haryana Institute of Fine Arts and Neeraj Mitra, as the entire arrangement of Carnival had been made by them.

AFTER hearing the learned Counsel for the parties, we find merit in the appeal filed by the complainant. As the opposite parties Nos. 1 and 2 i.e Haryana Institute of Fine Arts and Neeraj Mitra organising of the Carnival were certainly liable for the deficiency in service and negligence in organizing, managing and arranging for the various Joy rides-equipments machines including the "Merry-go-round", by ensuring their functional fitness and suitability. Therefore, we have no hesitation in allowing the appeal as also the complaint filed by the complainant against the four respondents i.e. including respondent Nos. 1 and 2 along with driver and owner of the "Merry-go-round" respondent Nos. 3 and 4. So far as the awarding of compensation is concerned, we find merit in the appeal as the compensation awarded is wholly inadequate. The complainant is a practising Lawyer, who has suffered grave injuries and shock at most vital parts of his body i.e. face, neck, and back etc., resulting into facial disfiguration. Therefore, we are of the considered view, that compensation of Rs. 1,00,000/- will be adequate and commensurate with the gravity and the seriousness of the injuries suffered by the complainant and followed by the mental harassment and agony. Complainant shall also be entitled to interest at the rate of 12% from the date of occurrence i.e. 15.11.1996 upto the date of actual payment. Consequently, the appeal stands allowed with costs which are quantified as Rs. 1,000/-. Appeal allowed.