PURNIMA KESANUR Vs. KOLLUR MOOKAMBIKA WATER SPORTS

JUDGEMENT

(1.) A 'joy ride' became a 'death ride' for a person who had gone for a joy ride in a boat. It appears the regular boat operator allowed a person who was sitting in the boat for joy ride to drive the boat himself and due to negligent riding of boat by that person the boat hit a rock resulting in the death of that person.

(2.) The complainants have filed this complaint claiming compensation of Rs.99,50,000 alleging negligence on the part of the opposite parties (for short, "o. Ps. " ).

(3.) The facts in this case are as follows: the first complainant and her husband had taken a ticket for a joy ride by a water boat on 15.6.2003 in the Amusement Park run by O. P.1, by paying a sum of Rs.300 per head. The Amusement Park is recognized by the Department of Tourism. After purchasing the ticket, the first complainant and her husband went three rounds joy ride in the water boat. At that time, the regular operator of the boat was driving the boat. Thereafter, the husband of the first complainant expressed his desire to go for one more round. One Sri Nagaraj, who was a Guard, was also in the boat along with the husband of the first complainant. It is alleged that due to the negligent driving of the boat by the driver, the boat hit a rock and in the said accident the husband of the first complainant and the said Sri Nagaraj suffered severe injuries. They were taken to VIMS Hospital at Bellary and ultimately both of them died in the hospital. This has made the complainants to file the complaint claiming damages from the O. Ps.