KATHMANDU, JANUARY 5
Celebrated British mountaineer Nirmal 'Nims' Purja has lost a compensation appeal at the Patan High Court, which upheld a lower court's order for him to pay damages to a landlord.
A division bench of High Court judges Keshav Prasad Bastola and Tejendra Sharma Sapkota today affirmed the verdict of the Kathmandu District Court. The ruling orders Purja to compensate landlord Tanka Bahadur Ghising for the complete destruction of his house in Kapan, Kathmandu. The destruction was caused by a massive explosion resulting from the unauthorized storage of LPG and oxygen cylinders.
Advocates Ananta Raj Liutel and Pratibha Upreti pleaded for Ghising at the High Court.
The house, located at Ram Mandir, Lasuntar in Kapan, was rented by Elite Himalayan Adventure Pvt. Ltd., a company owned by Purja. The explosion occurred on September 21, 2022.
Purja's company had appealed the District Court's decision, arguing it should not be liable for the compensation. Meanwhile, the victims-the couple Tanka Bahadur Ghising and Dalamu Kitar Ghising-filed a counter-appeal, contending that the assessed damages were too low.
With this decision, the High Court has established a judicial principle: even if a homeowner receives insurance compensation, the party at fault is not exempt from paying damages for their wrongful act.
The Ghising couple had claimed a total loss of Rs 35,540,356, including cash, jewelry, and household property, from Purja and his business partners Mingma David Sherpa and Mingma Tenji Sherpa. They based their claim on a technical inspection report from the local level, which stated the house was rendered completely uninhabitable.
The two-and-a-half-storey concrete house, built on one ropani of land in the former Kapan VDC Ward No. 5 (now Budhanilkantha Municipality Ward No. 11), was destroyed when gas cylinders illegally stored by the tenant company exploded.
Despite approaching multiple authorities-including the Office of the Prime Minister and Council of Ministers, the Ministry of Home Affairs, and Budhanilkantha Municipality-and despite the tenant company's verbal and written commitments to cover the losses, no compensation was paid. This led the homeowners to file a lawsuit.
After the case was filed, the Kathmandu District Court froze the company's share transactions and land registered in its directors' names.
According to a 10-point rental agreement signed on November 16, 2020, the company had rented the house for tourism business purposes. The agreement stipulated a monthly rent of Rs 30,000 and held the company fully responsible for any damage.
The District Court found Purja and his company, Elite Expedition, guilty of tort and ordered them to pay Rs 11,300,000 in compensation to Ghising.
