10-year-old injured on theme park ride, father wins Rs 2.27 lakh payout

 The commission was hearing a complaint filed by one Ummer M K, whose daughter suffered injuries while visiting a theme park operated by Fantasy Park in February 2024.

A one-day tour turned fatal

It was mentioned that the 10-year-old daughter of the complainant is studying in AUP School, Pallikkad. While on a one-day tour to the theme park run by Fantasy Park, she allegedly met with an accident on a ride called the water play station and sustained grievous injury. 

It was claimed that she was immediately taken to the hospital, where she underwent surgery for a fracture of the neck of the femur. She was hospitalised from February 2, 2024, to February 6, 2024. The father claimed that he had to expend over Rs 1 lakh on his child’s treatment and will also require a future implant removal operation, which will also incur a high cost. 

He filed this complaint seeking an amount of Rs 7.5 lakh for future treatment expenses and other incidental reliefs from the said theme park and its Insurance company, the United India Insurance Company. 

10 per cent disability, Rs 2 lakh compensation 

• The commission noted that the complainant’s daughter went on a one-day trip to the said park along with 54 other students in February, 2024. 
• It was found that the doctor who treated the child had stated that the percentage of permanent disability of the child is 10 per cent. 
• It was noted by a consumer body that while negotiating a ride, the child fell and sustained grievous injury.
• The commission noted that the said park remained ex parte, even after receipt of notice of the case.
• The consumer body held that the complaint is not maintainable against the insurance company based on the decision of the Supreme Court in previous cases. 
• The commission held that service is deficient on the part of the Fantasy Park in failing to provide ample security for the occupants in the water play station. 
• The commission directed the said park to pay Rs 2,446, being the proven treatment expense, together with interest at the rate of 12 per cent from Augsut 24, 2024, till the date of payment.
• It was further held that the complainant is entitled to compensation of Rs 2 lakh along with a cost of Rs 25,000. 

Insurance company’s defence

The insurance company, represented by advocate S Deepthi, denied liability. They claimed that the company has insured the Fantasy Park but is not aware of the facts that have led to this complaint. 

It was added that no claim was filed before them by the said theme park. It was argued that the accident had not happened during the course of the ride, and hence the complainant is not entitled to get any compensation. 

It was further submitted that it is unbelievable that the complainant’s daughter has suffered an injury as pleaded since there are no documents to substantiate the disability suffered by the child. 

They claimed that there is no cause of action against the insurance company and sought dismissal of the complaint.

Significance of ruling

This ruling highlights that the park and theme companies cannot avoid liability and are bound to The ruling underscores that amusement and theme parks have a duty to ensure adequate safety measures for visitors, particularly children. It also demonstrates that parks may be held liable under consumer law when lapses in safety result in serious injuries to visitors.ample security for the occupants of the rides. 

For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Kerala helpline:1800-425-1550) or call the National Consumer Helpline at 1915 for assistance.