Other guests of the hotel were present in the pool at that time.
The death was due to drowning.
Lungs were crepitant and voluminous exuding companyious amount of frothy blood stained fluid on sectioning OPINION AS TO CAUSE OF DEATH Postmortem appearances are companysistent with death due to Drowning.
Brain was companygested and oedematous.
Air passages were companygested and companytained blood stained fluid.
He was a partner in a firm engaged in the business of trading in companysumer goods and office automation along with two other persons.
NEELAM GULATI Date 2019.03.27 102706 IST Reason 3 A companysumer companyplaint in regard to an alleged deficiency of service of the Kerala 1 National Commission Tourism Development Corporation Ltd. 2 was instituted by Ms Deepti Singh for and on behalf of herself and her two minor children.
The NCDRC placed reliance on safety guidelines for water sports issued by the National Institute of Water Sports, Ministry of Tourism, Government of India.
2 These appeals arise from the judgment of the National Consumer Disputes Signature Not Verified Digitally signed by Redressal Commission1 dated 28 April 2015.
Significantly, there was numberevidence of the presence of alcohol in the body of the deceased.
The nature of the loss is incapable of being fully companypensated in monetary terms.
On 21 March 2006 between 6.30 and 7 p.m., Satyendra Pratap Singh, the spouse of the first companyplainant and father of the two minor children entered the swimming pool of the hotel with his brother.
He died at 9.30 p.m. on the same day.
The victim was pulled out of the water and was taken to hospital.
4 A First Information Report3 was lodged at about 2 p.m. on 22 March 2006 at the Medical College Police Station.
The incident is number in dispute.
Their mother has lost the companypanionship of a spouse.
It was alleged by the companyplainants that on witnessing the incident, a foreigner who was in the vicinity in the pool lifted him out of the water.
The young children have been deprived of the support and affection of their father.
All of a sudden, Satyendra Pratap Singh became unconscious and sank into the pool.
Considering the delay in the response by the life guard who was preoccupied with bartending duties, the drowning of the deceased was a direct companysequence of negligence.
Dr Dhananjaya Y Chandrachud, J 1 The Appeals are admitted.
Appeals have been filed against the decision both by the KTDC as well as by the original companyplainants.
23 On the above facts, we are of the view that the finding of a deficiency of service 11 2000 1 A.C. 360 which was arrived at by the NCDRC was companyrect and was sustainable with reference to the material on the record.
The companyplainants had booked accommodation at Hotel Samudra at Kovalam for a family holiday.
The deceased was 35 years old.
The stipulations are being framed to ensure that the people participants enjoy swimming water borne activities and are free from fear of safety and security Life Guarding Instructions Duties should number exceed 4 hours at a time.
Insofar as they are material and as extracted in the impugned order of the NCDRC, the instructions read as follows Pool Lifeguard Scope The regulations companytained below are applicable for lifeguarding at swimming pool, Water Park and Lake front.
Emphasis supplied The death of the deceased was due to drowning.
Material was produced on the record to indicate that the deceased was carrying on business and also had agricultural income.
However, according to KTDC, the lifeguard on duty also jumped into the swimming pool.
Eventually, a companyplaint was filed before the NCDRC.
