JASWINDER KAUR Vs. DEEPAK NIRULA

JUDGEMENT

(1.) Shri Surinder Pal Singh, along with Shri Ashish Malhotra visited the Nirula Restaurant called Pot Pourrie, E- Block, Connaught Place on the 18th March, 1991 for food and snacks. Shri Surinder Pal Singh is reported to have gone to the toilet of the restaurant on the 1st Floor where a blast took place as a result of which he died.

(2.) The complainants are Smt. Jaswinder Kaur, widow, Master Gurpreet Singh, son and Shri Harbhajan Singh and Smt. Amarjit Kaur, the parents of the deceased. The complainants have alleged that the blast, in which Shri Surinder Pal Singh died took place due to an explosion caused by the leakage of LPG gas in the premises of the restaurant. This is based on the statement of Shri Ashish Malhotra who claims to have been accompanying the de- ceased at the time they were taking their food and snacks in the restaurant. According to Shri Malhotra "the staff of the restaurant and the customers present there informed him that the blast was caused due to explosion caused by leakage of gas in the "premises". According to the complainant, the leakage of gas in the premises was due to the negligence of the restaurant and it was this rash and negligent act of the restaurant which caused the blast and the death of late Shri Surinder Pal Singh.

(3.) Further, according to the complainants, the Opposite Party later on gave statement in the press that the blast was caused by a bomb and not by gas leakage. They have argued that even if this is assumed to be correct, the blast was caused due to laxity in the security arrangement of the restaurant to keep the premises safe and secure for the customers. As such, even if the blast was assumed to have been caused by a bomb, this does not absolve the management of its responsibility and liability.