PT teacher loses finger playing basketball at mall’s gaming zone, granted Rs 8.22 lakh compensation

While playing basketball, the complainant's left hand struck the basketball ring and the mechanical impact allegedly detached the ring finger of his left hand on the spot.

A consumer commission in Himachal Pradesh has directed an insurance company to pay Rs 8.22 lakh as compensation to a 31-year-old physical education teacher who lost his left ring finger after it got caught in a basketball rim while playing at a trampoline park inside a mall.

President Hemanshu Mishra and members Arti Sood and Narayan Thakur also directed the operators of the mall and the gaming department to jointly and severally pay Rs 25,000 to the complainant.

“It is established that there is negligence on the part of opposite parties no 1, 2, 4 & 6 (mall and operators of gaming section). In our considered opinion even otherwise the opposite parties no 1, 2, 4 & 6 cannot escape liability merely by describing the incident as an accident,” the order read.

Why consumer commission granted relief?

According to the complainant, he had visited the mall along with his friend, where he entered a gaming zone. While playing basketball, his left hand struck the metallic basketball ring. It was alleged that the mechanical impact detached the ring finger of his left hand on the spot, causing immediate severe traumatic numbness.

The complainant was initially taken to hospital in Bengaluru, where doctors performed emergency reattachment surgery. However, the procedure failed after tissue necrosis developed. He subsequently underwent amputation of the finger. The complainant stated that he had to incur Rs 3 lakh in medical expenses.

The mall operators disputed the allegations of negligence and said the complainant had been informed about the risks involved before signing a trampoline park registration and declaration form. They said safety rules displayed at the venue prohibited finger rings and other accessories inside the arena and alleged that the injury occurred because he had failed to remove his ring and misjudged the height of the basket.

Examining the evidence on record, the commission noted that the basketball ring/rim was not properly maintained as it was not rubber coated and padded. It further noted that the basketball ring/rim installed in the trampoline zone was unsafe, unpadded, uncoated, exposed, and dangerous for use in a high-impact jumping environment, resulting in the complainant’s left hand ring finger amputation injury.

The insurance company (New India Assurance Co. Ltd) in their reply stated that the mall operators failed to intimate/report the incident and injury to the insurer in accordance with the mandatory terms and conditions of the insurance policy, thereby committing a breach of policy conditions. The commission however noted, “any procedural breach of policy conditions regarding delayed intimation between OPs No.1–4 and OP No 5 (insurance company) cannot operate to defeat the third-party victim’s right to direct indemnification under a Public Liability Policy”.

Holding the mall and the operators of gaming section liable for gross operational negligence and deficiency of service, the commission held the insurance company liable to indemnify the loss. It thus directed the insurance company to pay Rs 8.22 lakh to the complainant.

The operators of the mall and the gaming section are duty bound to maintain safe equipment and follow basic safety protocols. Not maintaining the safety standards can lead to hefty fines and penalties in case of such accidents.

Aggrieved consumers may contact the consumer helpline in their respective states (Himachal Pradesh: 1800-180-8087) or call the National Consumer Helpline at 1915 for assistance.

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