Supreme Court Order Compensation Of Rs 88.73 Lakh To The Girl Who Suffered Serious Illness Due To The Negligence Of The School


Rajeev Sinha, New Delhi

Published by: Dev Kashyap
Updated Thu, 22 Jul 2021 4:52 AM IS

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The Supreme Court has ordered a compensation of Rs 88.73 lakh to a Bangalore girl student who succumbed to meningo encephalitis (brain fever) due to the negligence of teachers during a school tour in North India. This incident happened in the year 2006 when the girl was studying in class IX. The apex court found that due to the disease, the girl was deprived of leading a normal life and her marriage prospects were also lost.

In fact, the State Consumer Commission has asked the school management to pay Rs 88.73 lakh as compensation to the girl student. But on the appeal of the school management, the National Consumer Commission reduced the compensation amount to Rs 50 lakh. The decision of the National Consumer Commission was challenged by the aggrieved party in the Supreme Court.

A bench of Justice Navin Sinha and Justice R Subhash Reddy allowed the appeal filed by Kum Akshata against the order of the National Consumer Disputes Redressal Commission and restored the compensation amount (88.73 lakh) as decided by the State Consumer Commission.

The top court observed that the National Commission did not recognize that the amount of compensation was exorbitant, yet it reduced the amount of compensation. The apex court has observed that the decision taken by the National Commission without any facts, discussion or reasoning is arbitrary and unsustainable.

The Supreme Court found that the complainant was then 14 years old and was still studying in Class IX in an educational institution in Bangalore. In December 2006, she along with other school students and teachers went on an educational tour to several places in North India. During the tour she fell ill with a viral fever, diagnosed as meningoencephalitis.

Doctors said that if she had been given timely attention and medical help, she could have recovered easily. Eventually he had to be taken to Bangalore in an air ambulance. He has been in bed since then. His memory is gone. She can’t even speak. And there is no chance of him recovering. He is deprived of a normal life and the possibilities of marriage despite being of marriageable age.

Detailed

The Supreme Court has ordered a compensation of Rs 88.73 lakh to a Bangalore girl student who succumbed to meningo encephalitis (brain fever) due to the negligence of teachers during a school tour in North India. This incident happened in the year 2006 when the girl was studying in class IX. The apex court found that due to the disease, the girl was deprived of leading a normal life and her marriage prospects were also lost.

In fact, the State Consumer Commission has asked the school management to pay Rs 88.73 lakh as compensation to the girl student. But on the appeal of the school management, the National Consumer Commission reduced the compensation amount to Rs 50 lakh. The decision of the National Consumer Commission was challenged by the aggrieved party in the Supreme Court.

A bench of Justice Navin Sinha and Justice R Subhash Reddy allowed the appeal filed by Kum Akshata against the order of the National Consumer Disputes Redressal Commission and restored the compensation amount (88.73 lakh) as decided by the State Consumer Commission.

The top court observed that the National Commission did not recognize that the amount of compensation was exorbitant, yet it reduced the amount of compensation. The apex court has observed that the decision taken by the National Commission without any facts, discussion or reasoning is arbitrary and unsustainable.

The Supreme Court found that the complainant was then 14 years old and was still studying in Class IX in an educational institution in Bangalore. In December 2006, she along with other school students and teachers went on an educational tour to several places in North India. During the tour she fell ill with a viral fever, diagnosed as meningoencephalitis.

Doctors said that if she had been given timely attention and medical help, she could have recovered easily. Eventually he had to be taken to Bangalore in an air ambulance. He has been in bed since then. His memory is gone. She can’t even speak. And there is no chance of him recovering. He is deprived of a normal life and the possibilities of marriage despite being of marriageable age.


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