R KUMARI Vs. SECRETARY OF GOVT DEPARTMENT OF INFORMATION PUBLIC RELATIONS AND TOURISM GOVT OF TAMIL NADU

JUDGEMENT

(1.) This is a complaint under Sec.17 read with Sec.12 of the Consumer Protection Act.

(2.) The 1st Complainant is the wife and the 2nd Complainant is her husband. The 1st Opposite Party, is the Secretary to Government, Department of Information, Public Relations and Tourism, which conducted the Chitrai Exhibition in Madurai in May, 1993. It collected a sum of Rs.2/- for adults and Re.1/- for children as Entrance Fee. In the said exhibition, the 2nd Opposite Party installed a Ropeway Car as an entertainment and collected a separate fee therefor. This Ropeway Car runs at high voltage of electricity. It runs for a distance of 100 metres hanging from an Iron ropeway. There are two iron stair cases to go to the Hopeway Car and to return. The stair cases have iron handle bars. The handle bars were decorated with serial lamps. On 8.5.93, the 1st Complainant alongwith her two sons, Karthik and Vinod Kamal, her Mother-in-law, Sarathambal and one Ambika went to the Chitrai. Exhibition. At about 8 p. m. , they purchased tickets from the 2nd Opposite Party for traveling in the Ropeway Car. After travelling in the Car the 1st Complainant, her two children and Ambika were getting down the stair case, when they felt an electric shock and fell down by a few steps. The staff of the 2nd Opposite Party switched off the electricity and brought them down. During this occurrence, the 1st Complainant's son Vinod came to contact with the live wires and swooned. He was taken to the Govt. Rajaji Hospital, where he was declared dead. A complaint was logded to the Police and a case under Sec.304-A of the Indian Penal Code has been registered against the 2nd Opposite Party. On the next day the autopsy was conducted on the body of the deceased Vinod and it was found that death was due to electrocution. The 3rd Opposite Party, is the Electric Wire Contractor under the 1st Opposite Party; who was provided electric connections. Alleging deficiency of service on the part of the Opposite Parties, the complainants has come forward with the claim for compensation in the sum of Rs.9,00,000 -.

(3.) The 1st Opposite Party is the Secretary to Government to Tamil Nadu, Department of Information and Tourism. It is admitted that the Madurai Chitrai Exhibition was conducted by Government. It was running smoothly from 24.3.93 to 8.5.93. On 8.5.93 around 8. p. m. , it was informed to the Exhibition office that an accident had occurred in the Amusement Complex and a child involved in the accident was taken to Rajaji Hospital and the child died. There was no deficiency of service on the part of this Opposite Party. The Amusement Complex was leased out to M/s. Southern Amusement, who was the highest bidder. According to the 1st Opposite Party the child carried by the 1st Complainant has plucked the serial lights which had been far away from the stair case. It was only due to the negligence on the part of the Mother. It is, further, pointed out that under clause 20 of the agreement entered into between the 1st Opposite Party and the 2nd Opposite Party, the 1st Opposite Party is not liable of any loss or damage.