Compensation of two crores awarded to relatives of a person drowned in a Government swimming pool

National Consumer Disputes Redressal Commission (NCDRC): NCDRC has awarded a cumulative compensation of Rs two crore to the relatives of a person, who died in a Government Swimming Pool, while he was learning to swim. The deceased who was a 27-year-old Application Engineer, drowned in the Bangalore Mahanagara Palika swimming pool at Jayanagar in Bengaluru in 2008. Legal Representatives of the deceased filed complaint against the Municipal Corporation of Bangalore City and owner of the Corporation Swimming Pool, Jaya Nagar, Bangalore, as the Municipal Corporation of Bangalore City, leased out the said swimming pool to PM Swimming Centre on contract basis for a period of 35 years. PM Swimming Centre used to conduct coaching camps in the said swimming pool and the deceased got registered himself there for learning swimming. It was contended in the complaint that though the swimming pool was quite crowded on the said day, there were no coaches/ life guards or other employees of PM Swimming Centre. It was further alleged that due to gross negligence and deficiencies in the service of Swimming Center, deceased got drowned in the swimming pool. Oriental Insurance Co. Ltd. was also made party as the said swimming pool was insured with the insurance company. After perusing the material on record, the Commission observed that, “The evidence on record reveals that only one Expert the coach was present there. It is difficult for one coach to control the entire pool.  It is well settled that love of money is the root cause of all evil.  In order to save money the OP2 (Swimming Center) did not either provide the experts or life guards or a qualified doctor. If it cannot keep a qualified doctor permanently, it should have bond with him who could be available at its beck and call.  Unfortunately, OP No.2 could not name a doctor or emergency doctor appointed for this purpose.” While also upholding the liability of Bangalore Mahanagara Palika, Commission observed, “They (Bangalore Mahanagara Palika) have never bothered to see whether, all the terms and conditions of the lease deed were complied with.  They do not care a fig for the swimmers. They  are so negligent  that  they  did not  bother  to  appear  in this case to know  what is the fate of this case.  They cannot wriggle out of the liability. They should have granted the lease deed for a year or two.  They should have seen, whether, the terms and conditions are being followed or not.  They should have produced before us the Register, maintained by them depicting that safety measures were being taken by OP2.  They cannot get rid of vicarious liability.” While awarding a cumulative compensation of Rs two crore in the case, the Commission ordered PM Swimming Centre to pay Rs 1.35 crore and the Bangalore Mahanagara Palika to pay Rs 50 lakh to the family members of the deceased and also directed that the balance Rs 15 lakh has to be paid by Oriental Insurance Company. (Niranjan Nath Sharma v. Bangalore Mahanagara Palika, 2014 SCC OnLine NCDRC 545, decided on December 2, 2014)