LAWS(NCD)-2024-10-29

LAKSHMAIAH Vs. MAN SINGH

Decided On October 25, 2024
LAKSHMAIAH Appellant
V/S
MAN SINGH Respondents

JUDGEMENT

(1.) This is an unfortunate case pertaining to the loss of life of the complainant's son who was a bright student and was undertaking coaching classes for the Civil Services. For his stay and studies, he had rented an accommodation which he was sharing with two of his friends. The accommodation had an air-conditioner installed in it which needed repairing and servicing for which the services were availed of and while the air-conditioner was being serviced, a blast occurred as a result whereof the complainant's son and one of the repairing mechanics suffered serious burn injuries and both of them expired. According to the narrative, there were two mechanics and the other one also suffered injuries but he survived.

(2.) The surviving mechanic Sanjay Kumar son of Amarjeet Singh gave a statement to the police on the date of the incident i.e. 30/4/2014 while in hospital in an injured state and the said statement was converted into an FIR lodged at Police Station Kirti Nagar, District West Delhi.

(3.) The complainant who is the father of the deceased student L. Santosh, filed this complaint alleging negligence on the part of the repairing mechanics and also made allegations of liability on the landlord, the opposite party no.1 Mr. Man Singh, and allegations of vicarious liability on the opposite party no.2 M/s Madras Trading Co. through its proprietor Mr. Sukhpreet Singh as he had sent the mechanics for carrying out the repair and services.