The Patan High Court on Monday upheld the Kathmandu District Court's decision a year ago.
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The Kathmandu District Court has upheld the decision of the High Court that the tenant must pay compensation to the owner of a house in Kapan, Kathmandu, which was completely damaged after an explosion caused by an unauthorized storage of LP gas and oxygen cylinders.
The decision of the Kathmandu District Court a year ago was upheld by the Patan High Court on Monday. The decision was upheld by a joint bench of High Court judges Keshav Prasad Bastola and Tejendra Sharma Sapkota. Advocates Anantaraj Luitel and Pratibha Upreti argued on behalf of the victim.
The house that was hit by the explosion in Ram Mandir Lasuntar in Kapan, Kathmandu, was completely destroyed on Asoj 20, 2079 due to the explosion of an oxygen gas cylinder stored illegally by Elite Himalayan Adventure Pvt. Ltd., a company owned by famous mountaineer Nirmal Purja.
Elite Himalayan Adventure Pvt. Ltd. had filed a preliminary appeal in the High Court claiming that the amount as per the Kathmandu District Court's decision should not be paid, while the victim couple Tanka Bahadur Ghising and Dalmu Kittar Ghising had claimed in the High Court that the damage to the district was less.
With the High Court's decision, the judicial principle has been established that even if the homeowner receives the insurance money, the victim will not be exempted from the amount of visual damage.
The plaintiff Ghising couple had claimed a total of Rs 35.54 million, 356, including cash, jewelry and other assets in the house. The plaintiffs had claimed compensation for the damage to the house, which was rendered useless, even from the technical inspection report from the local municipality.
A two-and-a-half-storey RCC pucca house built on one ropani of land in plot number 145 of Budhanilkantha Municipality Ward No. 11 of the former Kapan VDC Ward No. 5 was completely destroyed when a gas cylinder stored illegally by the tenant, Elite Himalayan Adventure Pvt. Ltd., exploded on Asoj 5, 2079.
The landlord has filed a case demanding compensation for the damage caused by the negligence, saying that the tenant company had not paid the compensation verbally and in writing despite approaching all the bodies including the Office of the Prime Minister and Council of Ministers, the Ministry of Home Affairs, and the Budhalinkantha Municipality.
The Office of the Prime Minister and Council of Ministers recommended the Ministry of Home Affairs to conduct the necessary investigation and take the initiative for appropriate compensation, but despite the verbal and written commitment, the victim landlord has filed a case on his behalf after not receiving the compensation from the tenant company, said advocate Luitel.
After the case was filed, the Kathmandu District Court has already frozen the company's share transactions and the land in the name of the director. On Mangsir 1, 2077, the company, which had been renting out the house and running the tourism business, had rented Ghising's house by signing a 10-point contract agreement with the obligation to pay thirty thousand rupees per month in rent and also bear the compensation for any damage itself and keep the house in good condition.
