Orissa High Court Orders ₹10 Lakhs Compensation For Minor's Death After Wall Collapse In Govt Primary School, Directs Safety Audits

The Orissa High Court has ordered the State to pay rupees ten lakhs compensation to the parents of a minor boy who succumbed to injuries sustained after a toilet wall collapsed inside the school campus.

While providing relief to the bereaved petitioners/parents, the Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi observed –

“…it is evident that the collapse of the toilet building wall on the fateful day was due to sheer negligence on the part of the Opposite Parties/ State, who are duty bound to maintain the Project Upper Primary School, Ranikiari building and its surrounding in a proper manner. The safety of the children cannot be taken so lightly by the School authority.”

Court has ordered infrastructure safety audits in schools across all the districts in the State. 

Kunal Pradhan, studying in Class II in government run Project Upper Primary School, was playing along with his friend inside the school premises when suddenly, the damaged wall of a latrine collapsed and he got trapped under it. He was admitted to a nearby hospital, but he succumbed to the injuries.

His parents petitioner approached the District Education Officer seeking compensation but as the authorities claimed there is no provision under the notification of the Department of Revenue & Disaster Management for payment of compensation for death of student due to fall of school wall, they moved the High Court.

The Court was informed by the State that ₹2 lakhs compensation has been sanctioned by the Collector and the same shall be paid to the mother of the deceased child after the allotment made by the Director, Secondary Education. However, the Court was not satisfied by such assurance for which it observed –

“No amount of compensation could wipe out the tear of the parents, yet the Department has realized that it has done a lien of a benevolent job.”

Justice Panigrahi further underlined that though the State functionaries have taken the prompt steps for payment of ex-gratia grant in favour of the mother of the deceased child, but they did not take any precautionary step to avoid such untoward incident. Thus, a clear case for grant of a 'decent compensation' is made out instead of ex-gratia grant.

The Court also held that compensatory jurisprudence aims at providing compensation to victims of harm caused due to wrongful acts such as negligence, breach of contract or criminal offences seeking restoration of the original position before the harm occurs by awarding monetary damages or other forms of restitution.

“Though in the present case the original position cannot be restored. However/ the victim's right to be compensated for losses-including physical injury, emotional distress and financial damages can at least be awarded,” it added.

Taking into consideration the above circumstances, the Court deemed it proper to direct the State authorities to pay compensation of ₹8 lakhs to the petitioners in addition to the ex-gratia amount of ₹2 lakhs already declared by the authorities.

Constitution of Infrastructure Safety Audit Committee

The Court further ordered for constitution of District Education Infrastructure Safety Audit Committees in each district under the chairmanship of the respective District Magistrates, having other officials as members.

“Such Committee shall ensure the safety audit of each and every school of the district and issue Safety Certificate to the School Authority in the month of June,” it ordered.

The Bench also mandated that the committee shall meet at least twice every year. It will also form sub-committee of engineers which will ensure safety audit of the school infrastructures and also recommend for issuance of 'safety certificate' to the school authority.

Furthermore, the Court directed the headmasters of the schools to report about unsafe infrastructures to their respective Block Development Officers (BDOs), who shall immediately take up the issue and resolve the same at the earliest. The District Magistrates and Collectors were also directed to monitor the overall mechanism so as to prevent any such untoward incidents/mishaps.

The Bench also warned that in case of any dereliction, the school headmasters and the Block Education Officers (BEOs) will be held responsible.

Lastly, it also ordered to form a Disaster Management Team in the School and Mass Education Department to mitigate any kind of disaster such as falling of walls, fire or any other kind of calamity faced by the schools.

Justice Panigrahi granted liberty to the government to improvise the above directions and to add other important guidelines, if needed for addressing the concerned issue.

“A comprehensive affidavit to be filed by the Secretary, Department of School and Mass Education, Government of Odisha after notifying the aforementioned directives to all the districts of the State. The said exercise shall be completed within three months from today,” he also ordered.

Case Title: Sania Pradhan @ Sanyasi Pradhan & Anr. v. State of Odisha & Ors.

Case No: W.P.(C) No. 12427 of 2017

Date of Judgment: June 25, 2024

Counsel for the Petitioners: Mr. Biswajit Moharana, Advocate

Counsel for the Respondents: Mr. Sonak Mishra, Addl. Standing Counsel

Citation: 2024 LiveLaw (Ori) 51