VIMALCHANDRA D DESAI Vs. PUNE MUNICIPAL CORPORATION

JUDGEMENT

(1.) THE complainants who are parents of deceased Master Parimal, have filed this case against the O.Ps. for grant of compensation of Rs. 20 lakhs. In brief the facts giving rise to the complaint are as under.

(2.) O .P No. 1 is Municipal Corporation established under the provisions of B.P.M.C. Act and is the owner of the swimming pool wherein unfortunate mishap of drowning of the only son of complainants took place. The swimming pool is known as Nande Swimming Pool admeasuring 25x12 mtrs. The resolution came to be passed by the Standing Committee of Pune Municipal Corporation to give Nande Swimming Pool to Aundh Sports Club on contract for a period of five years commencing from 12.3.1998. In pursuant to the resolution of the Standing Committee a written contract was executed between Pune Municipal Corporation and Aundh Sports Club on 16.7.1998. The possession of swimming pool was handed over to Aundh Sports Club for the purpose of running the swimming pool. Pune Municipal Corporation however retained the power of supervision and control over the swimming pool. As per terms and conditions of the contract the Corporation retained the right of inspection and supervision. The Corporation used to do periodical inspection of swimming pool. The water of the swimming pool was tested in the laboratory.

(3.) BY virtue of the terms and conditions of the contract the Aundh Sports Club was authorised to collect and recover the fees from the members. Aundh Sports Club had agreed to pay annual instalment of Rs. 4,88,328 to the Corporation. Aundh Sports Club was to pay in all five instalments to the Corporation. Liability arising out of accident was taken by the contractor.