ASHOK KUMAR B ARORA Vs. VASUDEV HOTUSINGH NAGDEV

JUDGEMENT

(1.) IN these two appeals arguments were heard on 21st November, 2002 when we reserved orders. Both the parties were allowed to file written note of submission within seven days. Only Vasudev Hotusingh Nagdev, appellant in First Appeal No. 401/1999 filed written note of submission.

(2.) THESE two cross-appeals arise out of the judgment dated 2.7.1999 of the Gujarat State Consumer Disputes Redressal Commission. First Appeal No. 276/1999 has been filed by Ashok Kumar B. Arora, the complainant who seeks enhancement of the amount of compensation awarded to him. In the complaint there were two opposite parties. Both had been held jointly and severally liable to pay compensation to the complainant amounting to Rs. 50,000/-. It is the first opposite party namely Vasudev Hotusingh Nagdev who has filed First Appeal No. 401/1999 challenging the award of compensation. Second opposite party namely East India Elevators Ltd. installed the lift in the premises of the first opposite party which resulted in the injuries of the complainant.

(3.) IT would be seen that the damages claimed both were special and general. Order of the State Commission also records that a first information report was lodged with the police resulting in conviction of Vasudev under Section 338 of the Indian Penal Code. Without recording anything more it is a case where principle of res ipsa loquitur clearly applies.