The Orissa High Court awarded Rs. 10 lakhs in compensation for the death of a minor due to a school wall collapse, terming it as “sheer negligence.” The incident highlights the importance of maintaining school infrastructure. The court’s decision aims to provide some relief to the grieving family.
Cuttack: The Orissa High Court ordered the State to pay a compensation of Rs. 10 Lakhs to the parents of a minor boy who tragically died when a toilet wall collapsed at Project Upper Primary School, Ranikiari.
The Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi ruled in favour of the grieving parents, emphasizing the State’s negligence in maintaining the school infrastructure and ensuring student safety.
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The Court highlighted the critical importance of children’s safety, stating,
“The collapse of the toilet building wall on the tragic day was clearly due to the sheer negligence of the Opposite Parties/State, who are obligated to properly maintain the Project Upper Primary School, Ranikiari building and its surroundings.”
The incident happened while Kunal Pradhan, a Class II student, playing with his friend on the school grounds. A deteriorated wall suddenly collapsed, trapping Kunal under the debris. Despite being rushed to a nearby hospital, he succumbed to his injuries, leading his parents to seek compensation through legal means.
Initially, compensation was denied under existing provisions, prompting the parents to approach the High Court, arguing that the State’s response was inadequate given the circumstances. Although the State had sanctioned Rs. 2 lakhs as ex-gratia relief, the court deemed this amount insufficient in light of the family’s tragic loss.
The court acknowledged the promptness of the ex-gratia grant but emphasized that no amount of compensation could fully alleviate the parents’ grief. Referring to compensatory jurisprudence, the court noted that the purpose of compensation is to provide redress for wrongful acts or negligence resulting in harm, aiming to somewhat mitigate the victims’ losses.
The Court noted,
“In this case, although the State authorities promptly paid the ex-gratia grant to the mother of the deceased child, they failed to take preventive measures to avoid such a tragic incident. Therefore, there is a clear need for a substantial compensation rather than just an ex-gratia grant. Compensatory Jurisprudence aims to provide redress to victims of harm, typically due to wrongful acts such as negligence, breach of contract, or criminal offenses, by awarding monetary damages or other forms of restitution to restore the original position before the harm occurred. Though in this case, the original position cannot be restored,”
The Court ordered,
“This Court is inclined to entertain the prayer of the Petitioners. Accordingly, the State authority is directed to pay a compensation of Rs.8,00,000/- (Rupees Eight Lakhs) in addition to the ex-gratia amount of Rs.2,00,000/- (Rupees Two Lakhs) already declared by the District Education Officer.”
To ensure the safety of students in Primary Schools, Upper Primary Schools, and High Schools, the Court further ordered the following measures:
- A District Education Infrastructure Safety Audit Committee must be established in each district, headed by the District Magistrate and Collector, with members including the District Education Officer and Block Education Officer(s), Executive Engineer of the Works Department and/or R.D. and P.W.D. Departments, Executive Officer of the Municipality and/or NAC, Block Development Officer(s), and selected Headmasters of some High Schools and Head Pandits of some Primary Schools and Upper Primary Schools.
- This Committee shall conduct safety audits of every school in the district and issue Safety Certificates to the School Authorities annually in June.
- The District Education Infrastructure Safety Audit Committee shall meet at least twice a year and form a Subcommittee of Engineers from the R.D. and P.W.D. Departments to ensure the safety audit of school infrastructure, recommending the issuance of Safety Certificates to School Authorities. A grievance redressal mechanism under this Committee shall be established at every block level.
- The School Headmaster of each school must report any unsafe walls or buildings to the concerned B.D.O., who shall immediately address the issue with the District Education Infrastructure Safety Audit Committee to ensure timely resolution. The District Magistrate and Collector shall monitor children’s safety to prevent such mishaps in school campuses.
- The School Headmaster and Block Education Officer will be held accountable for any mishap due to falling walls or roofs.
- The School and Mass Education Department shall establish a Disaster Management Team to handle any disasters, such as falling walls, fires, or other calamities in schools.
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The Court granted the government flexibility to enhance and implement these directives effectively, urging the Secretary of the Department of School and Mass Education to issue comprehensive notifications to all districts within three months.
The Court concluded,
“Accordingly, this Writ Petition is disposed of being allowed,”
The Orissa High Court‘s decision underscores the critical need for robust infrastructure maintenance and safety protocols in schools. By holding the State accountable and setting stringent safety measures, the court aims to prevent such tragedies in the future, ensuring a safer environment for all students.
The petitioner in this case represented by Advocate Biswajit Moharana, while the opposing party represented by Advocate Sonak Mishra (ASC).
Read Judgement: Sania Pradhan @ Sanyasi Pradhan & Anr. v. State of Odisha & Ors.