The New Delhi Young Men’s Christian Association (YMCA) has been directed to pay a compensation of Rs 5 lakh to the family of a man, who died in its swimming pool in 1998.
The National Consumer Disputes Redressal Commission also partly allowed the appeal of the family of V.K. Ajmani, the victim, asking the YMCA to shell out Rs 25,000 as cost of litigation.
Forty-three-year-old Ajmani, a tax lawyer and a resident of Bank Enclave, New Delhi, drowned in the pool on May 9, 1998, between 4.00 and 4.30 p.m. The lifeguards on duty brought him out of water and tried to revive him but without success. He was declared “brought dead” at RML Hospital.
A bench headed by Justice R.C. Jain ordered the YMCA, which has already paid Rs 1.10 lakh to the victim’s family in accordance with the order of the state consumer court, to pay the balance amount of Rs 4.15 lakh within four weeks from receipt of order.
In their complaint, Ajmani family had demanded a compensation of Rs 19 lakh from YMCA and the lifeguard alleging gross negligence, deficiency in service.
On the basis of the post-mortem report, YMCA had pleaded that the death happened due to cerebral damage and not by drowning.
Holding that it was a case of 'limited negligence', the state commission had awarded a compensation of Rs 1 lakh and Rs 10,000 as cost of litigation.
The national commission enhanced the compensation.