{"id":1010,"date":"2025-04-03T09:03:05","date_gmt":"2025-04-03T09:03:05","guid":{"rendered":"https:\/\/safetree.in\/blog\/?p=1010"},"modified":"2025-04-03T09:06:02","modified_gmt":"2025-04-03T09:06:02","slug":"case-study-01-why-liability-insurances-are-vital-for-every-tour-operator","status":"publish","type":"post","link":"https:\/\/safetree.in\/blog\/case-study-01-why-liability-insurances-are-vital-for-every-tour-operator\/","title":{"rendered":"Case Study 01: Why Liability Insurances are vital for every Tour Operator."},"content":{"rendered":"

Case\u00a0Note:<\/span><\/h2>\n

Thomas\u00a0Cook\u00a0India\u00a0Ltd.\u00a0vs\u00a0Mr.\u00a0Yogesh\u00a0Singhal\u00a0& Ors.\u00a0on\u00a01\u00a0July,\u00a02024<\/span><\/h2>\n

Appeal\u00a0in\u00a0the\u00a0Delhi\u00a0State\u00a0Consumer\u00a0Disputes\u00a0Redressal\u00a0Commission<\/p>\n

<\/p>\n

Facts\u00a0of\u00a0the\u00a0Case<\/span><\/h3>\n

A\u00a0family\u00a0engaged\u00a0Thomas\u00a0Cook\u00a0India\u00a0Pvt.\u00a0Ltd.\u00a0to\u00a0arrange\u00a0a\u00a0vacation\u00a0to Sri Lanka and paid for a complete package that included accommodations, transportation, and sightseeing.<\/p>\n

36 hours before departure, the family was informed that a third-party would manage the local arrangements in Sri Lanka. Concerned by this last-minute disclosure, the family contacted the Tour Operator, who assured them that they remained fully responsible for the trip\u2019s quality and safety. Upon arrival on December 22, 2019, the family was provided with a driver, later found to be over-age and physically disabled. Tragically,\u00a0on\u00a0December\u00a023,\u00a0their\u00a0vehicle\u00a0collided\u00a0with\u00a0a\u00a0truck,\u00a0resulting\u00a0in death of some family members.<\/p>\n

Issues\u00a0raised\u00a0by\u00a0Complainant<\/span><\/h3>\n

The primary issues were whether Tour Operator had failed in its duty to provide a safe travel experience, constituting a deficiency in service, and whether the company\u2019s actions amounted to negligence due to its selection of an unfit driver.<\/strong><\/p>\n

Court\u00a0Findings<\/span><\/h3>\n

The court found that Tour Operator acted negligently by failing to thoroughly vet the driver and was deficient in service, as defined by Section 2(11)(g) of the Consumer Protection Act.<\/p>\n

By assigning an unsuitable driver and not disclosing the role of the third-party vendor until the last minute, the Tour Operator breached its duty to ensure a safe and satisfactory experience for the family.<\/p>\n

The court emphasized that negligence, defined as the absence of reasonable care, resulted directly in harm to the complainant and his family.<\/p>\n

Final\u00a0Judgement<\/span><\/h3>\n

The court mandated the Tour Operator to pay INR 1 Cr to the complainant.<\/p>\n

Conclusion<\/span><\/h3>\n