MAYI GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is the first appeal filed by Dr. M. Mayi Gowda, the appellant aggrieved by the order dated 27th November, 1995, of the State Commission of Karnataka in Complaint No. 302/1992 whereby the complaint was dismissed with no costs. The respondents are : (1) State of Karnataka, (2) Principal Conservator of Forest Management, (3) Conservator of Forests, and (4) The Commissioner, Corporation of City of Mysore. The appellant claimed Rs. 9.99 lakhs for deficiency in services in the complaint and the same was dismissed by the State Commission. Brief facts of the case are : 1. The appellant a native of Bannur, T. Narasipur Taluk, Mysore district and is a Doctor by profession and ran a clinic in Bannur, along with his family members comprising two daughters, a son and two nephews, visited Dassera festival celebration which are being organised by the respondents on 7th October, 1992. He purchased tickets for an elephant ride which was available in the exhibition around 8.00 p.m. Mahout was there on the elephant and they boarded on the elephant into a cradle that was fixed on it. It is his case that, no sooner he climbed, the elephant moved about 5 to 10 steps, the cradle which was loosely tied deflected to the left side of the elephant, thus causing imbalance for the persons sitting on the elephant. Children fell down but had a narrow escape from being trampled by the elephant. But the appellant was seized by the elephant while he was lying bent in the cradle and it pulled him and threw him to a distance.

(2.) IT is an admitted fact that the appellant fell on the electric pole with a great impact resulting in breakage of his ribs and he sustained grievous injuries to his body including head. It is not disputed by the parties that he had his treatment in K.R. Hospital and J.S.S. Hospital in Mysore and also in Manipal Hospital at Bangalore. He contended that even though he took treatments in these reputed hospitals, this accident caused irreparable damage to his eyes and he lost eye sight in both the eyes.

(3.) TOWARDS Medical expenses 1.00 Total 9.99 Lakhs 4. The respondents described that the female elephant called 'Saraswathi' is a domestic and docile animal and it has been partiticipating in Dassera exhibition for such rides for several years. It has the experience of 13 years in participating in various festivals, film shootings, various religious functions and honouring the V.I.Ps. Denying completely any negligence, the respondents submitted that the elephant had suddenly become panicky while the children and the appellant were in the process of getting down from the cradle. Disputing the claim, the respondents, argued that the appellant cannot be classified as a consumer. It is also submitted that the appellant was given compensation of Rs. 10,000/ - by the Forest Department and further a sum of Rs. 50,000/ - from the Chief Ministers Relief Fund was also given to him. On the basis of above averments, respondents sought dismissal of the appeal.