HITESH GOLA Vs. ROYAL BANK OF SCOTLAND

JUDGEMENT

(1.) The Plaintiff - Mr. Hitesh Gola, an employee of the Royal Bank of Scotland has filed the present suit seeking damages of a sum of Rs.2 crores against the Defendants. The Defendant No.1 is the Royal Bank of Scotland (hereinafter "?bank "?) where the Plaintiff is employed as a Lead Analyst. He is a qualified MBA in Finance with ten years of experience with various MNCs in the field of banking. He is employed at the IT Park of DMRC Shastri Park which is a building owned by the DMRC - Defendant No.2. M/s Johnson Lifts Ltd. - Defendant No.3 is the manufacturer of the lift which was installed in the premises from where the bank is running its office.

(2.) It is the Plaintiff's case that on 25th January, 2018, while he was in the lift, an incident took place which led to the lift falling from the ground floor to the minus two level pit area. It is his case that he was grievously hurt due to that incident and suffered spinal injuries/fracture. He was rescued after 25 minutes of the incident. He relies on medical reports to claim that he has suffered several spinal fractures and bone injuries because of which he cannot perform normal physical activities like forward and backward bending, maintaining a proper sitting and standing posture without taking breaks. He also pleads that he suffers excruciating pain. Since the Plaintiff's job required long sitting hours, he sought leave on a number of occasions and in view of the incident, he prays for various damages including for physical pain and suffering, mental agony and torment, reduced work capacity and exterminated career growth. The reliefs sought are as under:

(3.) The Plaintiff had an apprehension that he may be terminated from service and accordingly the Court had passed an interim injunction on 11 th July, 2018. The said order reads as under: