LAWS(DLH)-1997-1-11

KLAUS MITTELBACHERT DECD Vs. EAST INDIA HOTELS LIMITED

Decided On January 03, 1997
KLAUS MITTELBACHERT Appellant
V/S
EAST INDIA HOTELS LIMITED Respondents

JUDGEMENT

(1.) Klaus Mittelbachert, the plaintiff, a German national born on 2nd September, 1942 was a co-pilot in Lufthansa. Little did he know that his flight from Bangkok to New Delhi in the evening of 11th August, 1972 was his last ever flight as a co-pilot. He landed at Delhi and was scheduled to continue the flight to Frankfurt on 14th August, 1972. For the intervening time, designated in the air-line terminology as lay- over-period, he checked into and stayed at the Hotel Oberoi Intercontinental.

(2.) Hotel Oberoi Intercontinental, defendant No.3 (hereinafter, the said Hotel) is a five star hotel located at Dr. Zakir Hussein Marg, New Delhi. It is owned by the defendant No.1. The defendant No.4 was its Chairman and it was allegedly being managed by defendant No.2 at the material time. The Hotel had a swimming pool equipped with a diving board.

(3.) In the afternoon of August 13, 1972 the plaintiff visited the swimming pool. At about 6.00 p.m. while diving the plaintiff met with an accident. He had hit his head on the bottom of the swimming pool. He was taken out bleeding from right ear and appearing to have paralysed in the arms and the legs. He was taken to Holy Family Hospital, situted nearby, where he remained admitted and under treatment until August, 21, 1972 on which date he was flown to Germany under medical escort.