BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri. T.Sundara Ramaiah, B.Com B.L., President

And

Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member

And

         Smt. S.Nazeerunnisa, B.A., B.L., Lady Member

Thursday the 9^th day of February, 2012

C.C.No.114/2011

Between:

1. D.V.Gopi Krishna,S/o D.Chengalrayudu,

   Lab Engineer,G.Pulla Reddy Engineering College,

2. D.Mani, W/o D.V.Gopi Krishna,

   Both are R/o D.No.87-599, Madhava Nagar, Nandyal Road, Kurnool City, Kurnool District - 518 002.

…ComplainantS

                                                    -Vs-      

1. District Sports Authority, Represented by its Chairman and District     Collector,

   Collector Complex, Kurnool District,Kurnool - 518 002.

2.  Sports Authority of Andhra Pradesh,Represented by its Vice Chairman and Managing Director,

   L.B.Stadium, Hyderabad - 500 001. 

     ...Opposite ParTies

This complaint is coming on this day for orders in the presence of Sri M.L.Srinivasa Reddy, Advocate for complainants 1 and 2 and Sri G.Madhusudhana Reddy, Government Pleader for opposite parties 1 and 2 and upon perusing the material papers on record, the Forum made the following.

    ORDER

(As per Sri. T.Sundara Ramaiah, President)                                                             C.C. No. 114/2011

1.     This complaint is filed under section 12 of C. P. Act, 1986 praying:-

1.   To direct the opposite parties to pay an amount of Rs.10,00,000/- towards compensation for the death of the deceased;

1.   To award compensation of Rs.50,000/- for mental agony due to deficiency conduct of opposite parties;

1.   To award Rs.25,000/- towards costs of this complaint;

And

1.   To pass such other reliefs as the Honourable Forum deem fit and proper in the circumstances of the case;

2.    The case of the complainant in brief is as under:- On 01-05-2010 the complainants got admitted their son Mr.D.Aravind in Swimming pool, Kurnool by paying admission fee of Rs.200/- and monthly subscription of Rs.200/-.  The said swimming pool is being run and managed by opposite parties.  There are two swimming pools called pool No.1 and pool No.2.  Pool No.1 is meant for kids and pool No.2 is meant for learners and regular members.  From 02-05-2010 to 07-05-2010 Mr.D.Aravind swam in pool No.1.  From 08-05-2010 he was asked by concerned authorities of swimming pool, to swim in south pool point and accordingly he was swimming in it.  On 11-05-2010 at 6.00 A.M. the complainant No.1 dropped his son at the swimming.  At 7.00 A.M. the complainant No.1 came to the swimming pool to pickup his son.  He did not find his son at the gate he enquired the coach and other supervisors about his son.  He found the dress material and chapels of his son at the place where he used to keep the same regularly.  On search the dead body of Mr.D.Aravind was found in the central swimming pool water at 7.25 A.M.  Immediately he was taken to the hospital and he was declared dead by the doctors.  The Doctor informed the complainant No.1 that the boy died due to drowning in the water.  The boy died due to gross negligence of coach, supervisors and employees of the swimming pool.  They have not taken even minimum precautions and care when the learner was swimming in the pool.  The deceased died due to drowning in the swimming pool due to negligence of opposite party No.1 and concerned employees.  Opposite party No.1 has given admissions abnormally in the month of May, 2010 exceeding the capacity of the pools.  On 11-05-2010 more than 25 members were being allowed to swim in each pool point.  The coaches and life saver could not observe the learners in the swimming pools. 

        The boy was 13 years old by 11-05-2010.  In March, 2010 he completed 7^th class and he had to join in 8^th class in the academic year 2010 – 2011.  The boy was very healthy and intelligent.  The deceased was only son to complainants. They had very high hopes on the prospects of their son.  The opposite parties failed to pay any compensation to the complainant.  The complainant got issued a legal notice to the opposite parties.  The opposite parties received the notices, but they did not pay any amount.   No reply was given by the opposite parties.  Hence the complaint.

3.     Opposite party No.1 filed written version and the same is adopted by opposite party No.2.  It is stated in the written version of opposite party No.2 that the complaint is not maintainable.  The District Sports Authorities, Kurnool is having two swimming pools. One is meant for learners and another one is racing pool.  The learners      must be allotted who learners only.  On 01-05-2010 Mr.D.Aravind was allotted learners pool.  Mr.D.Aravind joined as a learner.  He cannot be permitted to swim in south pool.  No body has endorsed him to swim in south pool.  Metal dividers were fixed separating South pool, Central pool and North pool.  On 11-05-2010 the first complainant did not hand over the deceased to neither learners pool staff nor South pool concerned coach.   In general a drowning creature will shout, splash and struggle for survival.  In this case no such things happened.  In some cases due to unidentified medical problems death may happen.  At the time of M.R.O.’s enquiry the first complainant was not interested to lodge complaint.  He also denied to have any compensation.  District Sports Authorities, Kurnool is maintaining the swimming pool on no loss no gain basis.  It does not have any commercial motive in running the pool.  There is no deficiency of service on the part of the opposite parties.  The complaint is liable to be dismissed.

 4.    On behalf of the complainant Ex.A1 to A17 are marked and sworn affidavit of the first complainant is filed.  On behalf of the opposite parties no exhibits is marked sworn affidavit of the opposite party No.1 is filed.   

5.     Both sides filed written arguments.

6.     Now the points that arise for consideration are:

1. Whether there is deficiency of service on the part of Opposite Parties?

1. Whether the complainant is entitled for the reliefs as prayed for?

1. To what relief?

7.      POINTS i and ii:- Admittedly Mr.D.Aravind son of the complainants took swimming pool membership from District Sports Authorities, Kurnool on 01-05-2010 by paying required fee.  Ex.A2 is the receipt issued by District Sports Authorities, Kurnool.  As seen from Ex.A2 it is very clear that the Mr.D.Aravind paid Rs.400/- to District Sports Authorities, Kurnool on 01-05-2010 and got District Sports Authorities swimming pool membership.  It is the contention of the complainants that their son was intelligent and health at the time of obtaining the membership in District Sports Authorities, Kurnool for swimming.  Ex.A1 is the copy of the Medical Certificate where in it is mentioned that the boy was not suffering from any heart problem Asthama, B.P. etc., and that he is physically fit for swimming.     

8.     It is the specific case of the complainants that on 11-05-2010 their son died by drowning in the swimming pool due to negligence of the coaches, supervisors and other employees who were in-charge of the swimming pool.  The first complainant in his sworn affidavit stated that on 11-05-2010 his son died by drowning in the water due to gross negligence of the coach, supervisors and other employees of swimming pool and that they have not taken minimum precautions and care while his son was swimming in the pool.    The complainants to show that his son died in the swimming pool, Kurnool on 11-05-2010 relied on Ex.A3 Certificate of death issued by District Sports Authorities, Kurnool.  It is clearly mentioned in Ex.A3 that on 11-05-2010 Mr.D.Aravind expired in District Sports Authorities, swimming pool, Kurnool.  Ex.A4 is the death information submitted by District Sports Authorities, Kurnool.  In Ex.A4 also it is mentioned that Mr.D.Aravind died in swimming pool Kurnool on 11-05-2010.  The complainant also filed Ex.A5 paper publication of Eenadu dated 12-05-2010 where in it is mentioned that the son of the complainants died while swimming in the District Sports Authorities, swimming pool on 11-05-2010.   As seen from Ex.A3 to Ex.A5 it is very clear that Mr.D.Aravind died in the swimming pool on 11-05-2010.  It is not the case of the opposite parties that coach, life savers were not present at the swimming pool on 11-05-2010.  In the written version filed by opposite party No.1 it is clearly mentioned that on 11-05-2010 the staff members of District Sports Authorities were present.  Admittedly no postmortem examination was conducted over the dead body of the deceased.  There is also no inquest report.  The complainants did not give police report regarding the death of their son.  It is case of the opposite parties that the boy might have died due to unidentified medical problem like fits etc.  In Ex.A1 Medical Certificate it is mentioned that the boy was not suffering from Epilepsy and other diseases.  It is certified that the boy was physically fit for swimming.  The coach, life saver and other employees attached to the swimming pool should have taken care while the boy was swimming in the swimming pool.  The coach of swimming pool ought not have allowed the boy who is a learner in to South Pool.  No doubt there is no medical evidence on record as to the cause of death of boy.  Admittedly the boy died in District Sports Authorities, swimming pool on 11-05-2010.  The circumstances suggest that the boy died by drowning while swimming in the pool due to the negligence of the coach and other employees attached to the swimming pool.  The coach ought to have taken at most care while the learner was swimming in the pool.  Boy would not have died if the coach and other staff had taken minimum care.  The death of the Mr.D.Aravind took place only due to the negligence of the staff attached to District Sports Authorities, swimming pool, Kurnool.  Admittedly District Sports Authorities, Kurnool was run and managed by the opposite parties.  For the negligence of the employees of the opposite parties the opposite parties are liable to compensate the loss suffered by the parties. 

9.     The complainants who are the parents of the deceased boy are claiming total compensation of Rs.10,75,000/-.  According to the complainants their son passed 7^th class and he had to join in 8^th class in the academic year 2010 – 2011.  Ex.A12 is the Transfer Certificate issued by Bhashyam High School, Kurnool.  It is mentioned in Ex.A12 that the boy studied 7^th class in Bhashyam High School, Kurnool.  Admittedly the deceased was not an earning members by the date of his death.  It is stated by the first complainant in his sworn affidavit that his son was intelligent and that they though of making the deceased as a doctor or an I.A.S. Officer.   The deceased was 13 years old by the date of his death.   It is the case of the opposite parties that the complainants are not entitled for compensation.  In the written statement filed by the opposite parties it is stated that the authorities met the complainants to put up the file for compensation and that the complainants denied for it.  The opposite parties well aware that they are liable to pay compensation to the complainants as the boy of the complainants died by drowning in the swimming pool due to negligence of the staff attached to the swimming pool.  It is submitted by the learned counsel appearing for the complainants that the contribution of the boy Mr.D.Aravind would be around Rs.36,000/- per annum and that the complainants are entitled compensation of Rs.10,00,000/-.  The learned counsel appearing for the complainants cited a decision reported in 2001 ACJ Page 1735 Supreme Court.  In the said case the Apex Court granted compensation of Rs.4,10,000/- for the death of the children aged between 10 to 15 years, students of 6^th to 10^th class who died due to fire accident.  In the present case also the deceased boy was aged 13 years by the date of his death.  He completed 7^th class and he had to join in 8^th class in the academic year 2010 – 2011.  The son of the complainants died by drowning in the swimming pool due to negligence of the staff attached to the swimming pool.  Therefore we think it is just and proper to award total compensation of Rs.4,10,000/- to the complainants who are the parents of the deceased. 

10.    In the result, the complaint is partly allowed directing the                                      opposite parties jointly and severally to pay compensation of Rs.4,10,000/- to the complainants with interest at 9% per annum from 28-05-2011 (i.e.) the date of demand notice till the date of payment and costs of Rs.1,000/-. 

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 9^th day of February, 2012.

 Sd/-                                             Sd/-                                Sd/-        

MALE MEMBER                      PRESIDENT                 LADY MEMBER

                                 APPENDIX OF EVIDENCE

                                    Witnesses Examined

For the complainant : Nil                 For the opposite parties : Nill

List of exhibits marked for the complainant:-

Ex.A1                Photo copy of Application for Member Ship in Swimming

Pool along with Medical Fitness Certificate of D.Aravind. 

Ex.A2.       Photo copy of Receipt for Rs.400/- dated 01-05-2010.

Ex.A3        Photo copy of Death Certificate issued by District Sports Development Officer, District Sports Authority, Kurnool

dated 29-05-2010.

Ex.A4                Photo copy of Form No.2, Death Information submitted by

                Districts Sports Authority, Kurnool dated 31-05-2010.

Ex.A5                Photo copy of Daily News Paper, Eenadu dated 12-05-2010

                and 13-05-2010.

Ex.A6                Office copy of Letter dated 02-06-2011 given by

                complainant No.1 to District Collector, Kurnool.

Ex.A7                Office copy of Legal Notice date d 28-05-2011.

Ex.A8                Postal Acknowledgement.

Ex.A9                Postal Acknowledgement.

Ex.A10       Photo copy of VII Class Mark List of D.Aravind issued Head

                Master, Bhasyam High School, Kurnool dated 09-11-2011.

Ex.A11       Photo copy of Study and Conduct Certificate of D.Aravind

                issued by Head Master Bhasyam High School, Kurnool.

Ex.A12       Photo copy of Form of Transfer Certificate of D.Aravind

                issued by Head Master, Bhasyam High School, Kurnool.

Ex.A13       Photo copy of Participation Certificate of D.Aravind issued

by District Sports Authority, Kurnool.

Ex.A14       Photo copy of Certificate of D.Aravind issued by UC MAS

                MENTAL ARITHMETIC (INDIA) PRIVATE LIMITED

dated 16-04-2005.

Ex.A15       Photo copy of Certificate of D.Aravind issued by UC MAS

                MENTAL ARITHMETIC (INDIA) PRIVATE LIMITED

dated 19-11-2005.

Ex.A16       Photo copy of Participation Certificate of D.Aravind issued

                by Alpha 2 Omega Education Tech. Private Limited

dated 07-01-2006.

Ex.A17       Photo copy of Appreciation Certificate of D.Aravind issued

                by Lalithakalasamithi, Kurnool.

List of exhibits marked for the opposite parties:- NILL

  Sd/-                                  Sd/-                                   Sd/-        

MALE MEMBER                 PRESIDENT                   LADY MEMBER

    // Certified free copy communicated under Rule 4 (10) of the

A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties  :

Copy was made ready on             :

Copy was dispatched on               :