RAJESH MANI KAUSHIK Vs. HARYANA INSTITUTE OF FINE ARTS

JUDGEMENT

(1.) This order shall dispose of two appeals No.435 of 1998, Rajesh Mani Kaushik V/s. Haryana Institute of Fine Arts and Cross Appeal No.439 of 1998, Ali Hussan and Another V/s. Rajesh Mani Kaushik and Others, and both the appeals arise out of the same order dated 17th March, 1998 passed by the learned District Consumer Forum, Karnal, whereby the complaint of Rajesh Mani Kaushik alleging deficiency in service and negligence against the opposite parties, has been allowed by awarding a sum of Rs.20,000/- by way of compensation, along with a sum of Rs.5,000/- by way of litigation expenses.

(2.) According to the complainant-Rajesh Mani Kaushik on 12th to 16th November, 1996, The Haryana Institute of Fine Arts arranged a stage performances competition at Karnal. It was advertised in the newspapers that a Children Bazar would also be held along with, for the entertainment which included electricity driven joy rides (Khoola) and other various items. Entrance fee was also fixed for admission to the Carnival.

(3.) The complainant, who is a practising Advocate at Karnal went to visit the Carnival on 15th November, 1996 at about 8.00 p. m. along with his wife and two minor children. After purchasing the requisite entry tickets at the rate of Rs.10/ per person, he entered the Carnival and boarded the electricity operated "merry-go-round" (khoola ). However, when the "merry-go-round" started revolving at a very high speed, the seat on which complainant and his family members were 1sitting got detached and they were thrown away at a distance of 50 yards. Ground where the complainant and his family members fell, being a hard turf, they got injured and were shifted to the hospital of Dr. G. D. Sharma. Complainant remained admitted as an indoor patient in the hospital for 5 days for the treatment of injuries suffered by him on his face, neck, back and left side. Criminal case under Sections 336/337/287, IPC was also registered with the local police against the respondent Nos.3 and 4, Ali Hussan and Ahmad Ali, owner and driver of the "merry go-round". The complainant also filed complaint invoking original jurisdiction of the District Consumer Forum, Karnal, for claiming compensation for injuries by way of damages.