Hyatt death: Hotel officials to be tried for negligence in 2013 case

NEWDELHI: Senior management of the Hyatt Regency Hotel will now face trial in a case of negligence after the Delhi High Court on Friday dismissed pleas by three top officials seeking to quash an FIR against them registered after the accidental fall of a youth from the sixth floor of the hotel in 2013.

Justice Anu Malhotra dismissed the pleas on account of negligence by the top management — managing director Shiv Kumar Jatia, general manager Aseem Kapoor and assistant front office manager Karan Lal — as the injured person Gaurav Rishi was gasping in a pool of blood for 52 minutes after the accident.

The single-judge bench said the pleas were not maintainable on the premise that further investigation is in progress as the vic- tim was not in a “condition to make a statement”.

In a 142-page judgment, the court also noted how the victim — 29-year-old Gaurav Rishi, CEO of a real estate group — was left unattended in a pool of blood and not given first aid after the accident on October 16.

According to an application filed in SC by the victim’s sister Gauri Rishi, the apex court had directed the high court to dispose of a plea seeking to quash a summoning order issued by the trial court on May 16, 2015 within six weeks. However, it was not disposed even after two-anda-half years.

The incident took place on October 16, 2013, when Gaurav had gone to the five-star to meet his friends at the Hyatt Regency Club Lounge. On the fatal day, he went out for a smoke and fell down to the fourth floor balcony.

Following the incident, the vic- tim went in coma and is still under that state.

The family claimed that the mishap was a result of the negligence of the hotel administration and also due to the delay in the first aid.

Earlier the police had registered a case under section 308 (abetment to culpable homicide) but later the police filed a chargesheet under the trio under sections 336 (endangering life or personal safety of others), 338 (Causing grievous hurt by act endangering life or personal safety of others) read with section 32 of the Indian Penal Code (IPC).

The accused had moved the HC seeking to quash to the FIR and the consequent charge sheet.

The court said that the accused will now appear before the trial court and face the trial in the case as they had given access the victim for a smoke to an undesignated area.