Kerala

Kannur

CC/245/2012

Muhammed KC - Complainant(s)

Versus

The Managing Director, Malabar Pleasures (India ) Pvt Ltd, - Opp.Party(s)

27 Dec 2012

ORDER

IN THE CONSUMER DISPUTES REDRESSAL FORUM,KANNUR
 
CC NO. 245 Of 2012
 
1. Muhammed KC
Kayakool House, Kappalam, Thaliparamba,
Kannur
Kerala
2. K Amina
Kayakool House, Kappalam, Thaliparamba,
Kannur
Kerala
...........Complainant(s)
Versus
1. The Managing Director, Malabar Pleasures (India ) Pvt Ltd,
Vismaya Infotainment Centre, PO Parassinikkadavu 670563
Kannur
Kerala
2. The manager,
United India Insurance Co Ltd, Caltex Junction, 670002
kannur
kerala
............Opp.Party(s)
 
BEFORE: 
 HONORABLE MR. GOPALAN.K PRESIDENT
 HONORABLE PREETHAKUMARI.K.P Member
 
PRESENT:
 
ORDER

Sri. K. Gopalan, President.

          This is a complaint filed under Section 12 of Consumer Protection

 Act for an order directing the opposite party to pay a sum of `20,00,000 as compensation to the loss of life of the complainants son with cost of this proceedings.

 

          Brief facts of the case are as follows :  The complainant’s son Muthalib visited the park on 24.04.2012 with his friends.  There he met with an accident while plying in the ride. Though he was taken to various hospitals he was succumbed to his injuries at High Land Hospital, Mangalore.  Complaint filed alleging negligence on the part of staff and management of Vismaya Infotainment Centre.  Opposite party contended that the accident occurred due to the gross negligence on the part of the deceased and his companions.  Complainant prayed for an order directing the opposite party to pay an amount of `20,00,000 (Rupees Twenty Lakh only) as compensation and to pay the cost of this litigation.

 

          Taking into consideration the facts and circumstances of the case 2nd opposite party has offered a sum of `2,50,000 (Rupees Two Lakh Fifty Thousand only) as compensation for the death of Muthalib and the complainants have agreed to accept the offer made by the 2nd opposite party in full and final settlement of the claim.  Accordingly compromise memo filed by complainants and 2nd opposite party.  In the light of the above understanding already arrived at we do hereby order 2nd opposite party to pay an amount of `2,50,000 to complainants in the proportion in accordance with the Mohammedan law.  The right of claim of the complainants No.1 to 7 in respect of compact policy No.100805/48/11/88/00001197 for the period 29.08.11 to 28.08.12 shall be exhausted on accepting the amount.  Orders passed accordingly.

 

          In the result, the complaint is allowed directing 2nd opposite party to pay an amount of `2,50,000 (Rupees Two lakh fifty thousand only) to complainants in the proportion in accordance with the Mohammedan law as is stated in the compromise memo within one month from the date of this order failing which the complainants are entitled to execute the order as per the provisions of Consumer Protection Act.

 

          Dated this the 27th day of December, 2012.

 

 
 
[HONORABLE MR. GOPALAN.K]
PRESIDENT
 
[HONORABLE PREETHAKUMARI.K.P]
Member

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