Sri Shyamal Gupta, Member
To narrate in brief, facts of the complaint case are that, Complainant’s son, Devraj Kami, checked into the OP Hotel on 30-12-2014. Allegedly, at around 22.30 hrs. on the fateful night, there was an incidence of electric malfunctioning at the first floor of the Hotel. Though the authority was duly apprised of the matter, they did not pay any attention to the same. Subsequently, at around 01.00 hr. on 31-12-2014, fire broke out at the hotel causing unfortunate death of Complainant’s son. Holding the OPs responsible for the untimely demise of his son, the Complainant filed the instant case.
By filing WV, the OPs stated that it was purely an accident beyond their control and as such, they cannot be held responsible for the accidental death of Complainant’s son.
Both sides filed Affidavit-in-Chief in support of their contention. They also gave reply to the questionnaire being put forth from the other side. At the time of hearing, Ld. Advocates appearing on behalf of their respective parties made spirited averments in support of their contention which I attentively heard.
I have seen the Chargesheet filed before the Court of the Ld. ACJM, Siliguri. The IO made no secret of the fact that the OPs blatantly flouted fire norms for which no preventive step could be taken during golden hours. It is indeed shocking to note that the OPs did not keep any fire extinguisher at the Hotel. No such document is furnished on behalf of the OPs to show that as on the date of fire incident, they held proper fire licence which is must to operate a Hotel. It is totally unacceptable that simply on account of the negligence of the Hotel authorities; the Complainant lost his beloved son. One cannot run a business at the cost of human life. The Complainant stated in his complaint that he was fully dependent on his son, who happened to be the Assistant Teacher of Hossainabad T.G. Primary School.
The negligence of the OPs being palpable beyond any stretch of imagination, I have no qualms allowing this case.
Now, let me decide what should be the appropriate compensation though I fully appreciate the fact that human life is priceless and no amount of money is sufficient to compensate the life of a young blood.
From the Salary Statement for the month of July, 2014, issued by Sub-Inspector of Schools, Madarihat Circle, Jalpaiguri, West Bengal it appears that, Complainant’s son used to earn Rs. 16,216/- p.m. (gross salary). Incidentally he died at the age of 28 years.
As he was below the age of 40 years, an addition of 50% of the income should be the warrant. Thus, I presume that at the time of his retirement, the income of the victim would at least be Rs. 16,216 x 1.5, i.e., Rs. 24,324/- p.m.
As an earning member, the deceased would have spent some money for himself. Further, he would also incur expenditure towards conveyance. Therefore, I am of view that ends of justice would be met if one-third is deducted from the above projected income as the personal and living expenses of the deceased. After such deduction, his monthly contribution to the family is determined at Rs. 16,216/-.
The multiplier would be 17 having regard to the age of the victim. Therefore, the total loss of dependency would be Rs. 16,216 x 17 x 12, i.e., 33,08,064/-.
Together with this, the Complainant will be entitled to a sum of Rs.5,000/- under the head of ‘loss of estate’ and Rs.5000/- towards funeral expenses.
Accordingly, I figure out the compensation sum as Rs. 33,08,064/- + Rs. 5,000/- + Rs. 5,000/- or Rs. 33,18,064/-. OPs shall pay this amount to the Complainant within 45 days from this day, i.d., the OPs shall invite additional payment of simple interest @ 4% over the aforesaid sum to the Complainant for the entire period of default. Lastly, I award a sum of Rs. 10,000/- in favour of the Complainant as litigation cost.
