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A 33-year-old advertising executive left paralysed during the Mumbai terror attacks has won the right to have his case heard in the UK after a High Court judge accepted that taking his case through to the Indian courts would in all probability take up to 20 years.
Will Pike from North London is taking legal action against the Indian Hotels Company Ltd, owner of Taj Hotels. Pike and his friend Kelly Doyle were in the South Mumbai hotel on November 26, 2008, when terrorists attacked the hotel.
Leigh Day, his London based lawyers are bringing a civil claim for damages against the Indian Hotels Company Ltd (IHCL), part of the Tata Group. IHCL, the owners of the Taj Mahal Palace Hotel, had argued that Pike’s legal case should be heard in an Indian court.
However, Pike’s lawyer, Russell Levy from Leigh Day, maintained that the case should be heard in the UK, where Pike lives and where, Levy said, IHCL has a substantial business presence. The law firm has also pointed out that Crowne Plaza London St James’ Hotel and the Taj Suites are a stone’s throw from Buckingham Palace.
Indian Hotels response
Reacting to the lawsuit filed by Will Pike, IHCL noted in a statement: “The IHCL, the owner of The Taj Mahal Palace, Mumbai, is disappointed that the English High Court has accepted jurisdiction to hear a claim for compensation by Mr Pike and Ms Doyle, two guests of the hotel when the hotel, as also multiple other locations across the city of Mumbai, were attacked by terrorists on November 26, 2008.''
The statement further alleged: “The acceptance of jurisdiction by the English court was made without any detailed consideration of the merits of the claim; it was a purely procedural decision. This great Indian tragedy in which many staff and guests were killed or injured was not the fault of the hotel owners and management and the claim will continue to be vigorously defended. Many of our brave staff will give evidence at the trial.”
A Taj spokesperson added: “We do not consider it appropriate to make any further comment at this time.”
Taj Public Service Welfare Trust Fund
Incidentally, in response to the outpouring of emotional support the Taj Public Service Welfare Trust Fund was set up to offer relief for those affected by the attack and to provide immediate assistance to all victims and their families - be it the general public, the security forces, employees of the Taj or employees of other establishments.
The IHCL statement noted that William Pike has already been the beneficiary from this Trust. The Trust fund has been further extended to cover relief to victims of sudden acts of violence, natural disasters and other tragic events that inflict damage to life and property.
>amritanair.ghaswalla@thehindu.co.in
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