DEEPTI SINGH Vs. DIRECTOR DEPTT OF TOURISM PARK

JUDGEMENT

(1.) LATE Shri Satyendra Pratap Singh, husband of complainant No.1 and Father of complainant Nos. 2 and 3 arrived at Hotel Samudra, Kovalam, owned by the opposite party, on 21.3.2006. He entered the swimming pool of the aforesaid hotel and got drowned in the said pool between 6.30 P.M. to 7.00 P.M. on that day. According to the complainants, the deceased lost his life on account of negligence on the part of the opposite party, since no lifeguard was present at the swimming pool, at the time

(2.) THE complaint has been resisted by the opposite party primarily on the ground that the deceased did not die due to any negligence on their part. It is alleged in the reply that a lifeguard is always put on duty at the swimming pool, who also functions as a bar attendant. It is further alleged that on the date of this incident, the deceased, along with his family members and kids went to the pool at about 6.30 P.M. and all of them were in the pool. Two persons were on duty in the pool bar and outside, out of whom one was acting as lifeguard. The deceased, while swimming suddenly became unconscious and sank into water. Initially, it appeared as if he was diving but a foreigner who was swimming on that side found him sinking and immediately jumped into the pool, before the lifeguard could reach near the deceased the foreigner pulled him and the deceased was taken out from the water jointly by the lifeguard and the foreigner. The deceased was taken to the hospital where he was declared dead at about 9.30 P.M.

(3.) IN her affidavit by way of evidence, complainant No.1 Mrs. Deepti Singh stated that at the time of tragedy there was no lifeguard at the pool and the body of the deceased was brought out of the water by a foreign tourist and not by any official of the hotel.