Man Critically Injured in Hotel Swimming Pool Electrocution Case Awaits Justice

Kathmandu. Sajilman Shakya, 42, of Lalitpur has been bedridden for two years. He can neither speak nor react to anything. He has been confined to bed since being injured by an electric current in the swimming pool of 'Hotel Square'.

The incident happened two years ago. Sajil had gone to Hotel Square near his home with his wife Rajina and young daughter. Father and daughter were enjoying themselves in the 'heated' swimming pool on the hotel's rooftop. Suddenly, an electric current flowed, and he started convulsing. Rajina thought her husband was teasing their daughter.

But when she held her husband's hand, she also received a strong electric shock. Then Sajil drowned. By the time he was taken to the hospital, he had a burn mark on his wrist, and his brain had stopped receiving oxygen. Since that day, Sajil's world has been silent. The family is working hard with the hope that Sajil will get up. Therapy has been administered to Sajil since morning to make him comfortable.

5-Year-Old Daughter's Heartbreaking Drawing

When Sajil was seriously ill due to the electric shock, his daughter was only 3 years old. Now she is 5 years old. She has only seen her father bedridden for the past two years.

A while ago, when the teacher at school asked her to 'draw whatever you like,' what she drew brought tears to many eyes. She drew a picture in her notebook of her father lying in a hospital bed and undergoing treatment. Below the picture, she wrote, 'To take care of my father.'

An innocent girl has forgotten her father's active self; in her mind, her father is now just 'a person lying in bed.' While the daughter hopes that her father will recover and get up one day, the wife and family are waiting for when Sajil will be fully healthy and when they will feel justice.

The hotel operators initially promised compensation and even reached an agreement. Shridhar Devkota on behalf of Square Hotel and Pushkerman Shakya on behalf of Sajil's family signed the agreement. According to the agreement made on Falgun 6, 2080, Square Hotel would bear all of Sajilman Shakya's treatment expenses, and there was a theoretical agreement that the hotel would provide expenses for further treatment for 2 years. However, after the hotel ignored them for a long time, Sajil's family filed a case in the Lalitpur District Court against the hotel operators on two counts: criminal offense and compensation. However, the Lalitpur District Court acquitted the hotel operators of the criminal offense. The full text of the verdict is yet to be released.

Regarding compensation, the case has moved from the District Court to the Consumer Court. The case is currently in the Consumer Court, but the hotel side is repeatedly postponing hearings, pushing justice further away.

• Until When Should We Wait for Justice?

In international law, such accidents in public places like hotels are considered 'inexcusable negligence.' From the Gulf countries to Europe, such incidents result in millions in compensation and severe jail sentences. But in Nepal, the pain of a victim's family is suppressed by the influence and power of hotel operators.

Sajil's treatment is ongoing at home with an 'ICU' setup under 24-hour nurse supervision. The family has already spent more than two crore rupees. His wife quit her bank job, and his father is now forced to manage his son's business. With a capable young man bedridden, the entire family has been mentally and financially devastated.

The hope of Sajilman getting up is not yet lost. But when he opens his eyes, will this society have already given him justice? Or will the operators of Hotel Square still be mocking justice by postponing 'hearings'? The question is serious.

Foreign courts have made significant precedents and rulings at various times regarding deaths and negligence in swimming pool drownings. Especially courts in the Gulf countries (UAE), Europe, and America have issued strict orders against those who violate safety standards.

In Western countries, swimming pool accidents are viewed under the principle of homeowner liability. Many courts in America consider swimming pools an 'attractive but dangerous' place. If the area around the pool is not properly fenced, and if someone (especially a child) enters without permission and drowns, the pool owner is held responsible.

According to precedents set by UK courts, if an institution (like a school or resort) has outsourced the operation of a pool to a third party and an accident occurs there, the main institution cannot escape its responsibility. It is mandated to pay compensation.