RAJARAM GANGARAM GHAG Vs. GEETA VINOD JETHVA

JUDGEMENT

(1.) The appeal arises out of an order dtd. 27/3/2015 passed by the Maharashtra State Consumer Disputes Redressal Commission (hereinafter referred to as the State Commission) whereby the State Commission has awarded compensation to the claimants/respondents no.1 and 2 who are the unfortunate parents of a 7 year old child Rohan who died while swimming in a tank/pool maintained by the Mumbai Municipal Corporation and run by the Aquatic Swimming Club with the appellant Rajaram Gangaram Ghag as the in-charge trainer/coach.

(2.) The unfortunate incident took place on 28/4/2003 when the appellant as a coach was taking swimming classes between 8.15 p.m. to 9.15 p.m. The deceased was also one of the participants. It appears that immediately upon the closure of the swimming hours referred to above, the deceased boy went missing when the complainants/respondents no. 1 and 2 came near the net of the swimming tank looking for him. The appellant dived into the swimming pool and recovered the body of the deceased that had sunk 15 feet deep into the pool. Some first aid was attempted and he was hospitalized but he was declared dead having drowned in the swimming pool.

(3.) The complaint was filed against the swimming pool as well as the appellant and the Municipal Corporation was also arrayed as one of the opposite parties.