A consumer court in Kerala has ordered an amusement park operator to pay over Rs 2.27 lakh in compensation and costs to the family of a 10-year-old girl who suffered a permanent disability after fracturing her leg on a water ride.
The District Consumer Disputes Redressal Commission found Fantasy Park liable for a deficiency in service, citing its failure to provide adequate safety measures for riders. The commission’s three-member bench, consisting of President Vinay Menon V and members Vidya A and Krishnankutty N K, issued the ruling on June 22.
The incident took place in February 2024 during a one-day school trip. The girl, a student at AUP School in Pallikkad, fell while using the park’s “water play station” ride. She sustained a fracture to the neck of her femur and was hospitalized from February 2 to February 6, 2024, to undergo corrective surgery. Her treating doctor subsequently certified that the injury resulted in a 10 percent permanent disability.
Financial Claims And Compensation
The girl’s father, Ummer M K, filed the complaint seeking Rs 7.5 lakh to cover immediate and future medical expenses, including a scheduled surgery to remove a bone implant. He stated that he had already spent more than Rs 1 lakh on his daughter’s treatment.
In its final order, the commission directed Fantasy Park to pay Rs 2 lakh in general compensation, along with Rs 25,000 to cover litigation costs. Additionally, the park must reimburse Rs 2,446 in proven medical expenses, carrying an annual interest rate of 12 percent calculated from August 24, 2024, until the payment is settled.
Insurer Cleared Of Liability
While the complaint also targeted United India Insurance Company, the park’s insurer, the commission dismissed the claims against the insurance firm. Citing established Supreme Court precedents, the consumer body ruled that the complaint was not maintainable against the insurer in this context.
Represented by advocate S Deepthi, the insurance company had contested the claim. The insurer argued that Fantasy Park had not submitted any claim to them, questioned whether the accident occurred during the ride itself, and asserted there was insufficient documentation to prove the child’s disability.
Fantasy Park itself did not participate in the proceedings. The commission proceeded ex parte against the theme park after its representatives failed to appear despite receiving official notices.
This judgment highlights the legal responsibility of amusement parks to maintain rigorous safety standards, particularly for young visitors. Consumers facing similar grievances can contact the national helpline at 1915 or state-specific services, such as the Kerala consumer helpline at 1800-425-1550.
