Ref : E&R/Press/‘04/Manish/JSD

Cargo Motors Told to Pay Rs 5 Lakh for
Youth’s Death

In a landmark judgement, the State Consumer Disputes Redressal Commission, Ahmedabad has ordered Cargo Motors Ltd., Ahmedabad, to pay a Rs 5-lakh compensation to the bereaved family of 28-year-old Manish Pathak for causing his death while repairing his vehicle.

Consumer Education and Research Society (CERS), Ahmedabad, and Manish’s mother Varshaben K. Pathak, his widow Pragna M. Pathak, his sisters Siddhi and Riddhi, and child Viraj had filed a complaint with the Commission against Cargo Motors Ltd.

On 19 October 1993, Manish went to Cargo Motors’ Service Station at Aslali, Ahmedabad, for getting a matador repaired. The vehicle was used for the transport of Gujarat Samachar copies from Ahmedabad to Bhavnagar.

While the mechanic was repairing the vehicle by using a hammer, the hammer broke and its iron pieces darted into the windpipe of Pathak. He was rushed to the L.G Hospital, Maninagar, and was later shifted to the V.S.Hospital for a surgery the same day. Manish died of injury four days after the surgery.

The bereaved family approached CERS, which contended in the Commission that a contract had existed between Cargo Motors and Manish for repairs of vehicles. CERS stated it was the absolute duty of Cargo Motors to take adequate care and failure to do so would amount to negligence per se. Personal safety of the customer/consumer was part of the contract of service. Reference has been made to a number of authorities in support of the said assertions.

Cargo Motors replied that Manish was not the owner of the vehicle, nor a customer of the company. They did not provide any service to him and he was a stranger on its premises. No privity of contract existed between Manish and Cargo Motors. The mechanic was repairing the pump and automiser of the vehicle, for which a hammer was not used at all. Manish had sustained injury on his neck outside the workshop.

The Commission concluded that Manish was both a consumer and beneficiary of the repairs undertaken by Cargo Motors. Cargo Motors failed to furnish affidavits of the mechanic and the receptionist in the service station who would have supported the stand of the company. The Foreman of Cargo Motors brought Manish to the L.G.Hospital and stated that nobody intentionally caused him injury. Manish’s statements taken by the police, also corroborated the evidence produced and his statement clearly unfolded the story as set out in the complaint.

The Commission directed Cargo Motors to pay Rs. 5 lakh to the bereaved family with 6 per cent interest from the date of complaint till payment and Rs. 10,000 as cost. Out of the amount to be paid by Cargo Motors, Rs. 3 lakh should be invested in long-term deposit or Monthly Income Scheme of Postal Department. The interest accrued through it was to be spent for the welfare of Manish’s child. The remaining amount had to be distributed equally between his mother and his widow.

Date : 15/09/2004
Place : Ahmedabad

Pritee Shah
Editor
INSIGHT - The Consumer Magazine

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CONSUMER EDUCATION AND RESEARCH SOCIETY
“Suraksha Sankool”, Thaltej, Sarkhej-Gandhinagar Highway, Ahmedabad - 380 054 (INDIA)
Phone: 079-27489945-46 Fax: 079-27489947
E-mail: cerc@wilnetonline.net
Web Site: http://www.cercindia.org
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