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Vadodara Municipal Corporation Vs. Purshottam V. Murjani [10/09/14]

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[Civil Appeal No.3630 of 2010]. [Civil Appeal No.3594-3611 of 2010]. These appeals have been preferred against the Judgment of the National Consumer Disputes Redressal Commission (for short "NCDRC") dated 2nd November, 2006 in F.A. Nos.464/2002 and 61 to 77 of 2004 by the Vadodara Municipal Corporation (for short "the Corporation"), the Oriental Insurance Company Ltd. (for short "the Insurance Company") and the proprietor of Ripple Aqua Sports (hereinafter referred to as "the Contractor") against the award of compensation for the death of 22 persons by drowning in Sursagar Lake at Vadodara while riding the boat, on account of negligence in plying the boat. Sursagar Lake is under the control and management of the Corporation which has been plying boats for joy rides and boating club. During the period in question, the contract for plying the boats was given to Ripple Aqua Sports vide licence agreement dated 26th September, 1992 for managing the affairs of the Boating Club at the Lake for purposes of entertainment. The agreement, inter alia, provided that the facility of boating was to be given to the public. It was necessary that the contractor shall be taking insurance policies to cover the risk liability of all persons using the equipment of the club.

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