Orissa HC Grants ₹10 Lakhs Compensation To Father Who Lost Son To Injuries Sustained While Playing Cricket In School

"Court is convinced there was contributory negligence on part of the school leading to loss of the young life. In the circumstances, following judgment dated 11th August, 2022 (supra) and order dated 30th September, 2021(supra), there will be direction upon opposite parties, jointly and severally, to pay compensation of Rs.10,00,000/- to petitioner within four weeks from date."

Jayaram Jena was a student of Class-XII (Science) in Jawahar Navodaya Vidyalaya, Konark and he was boarder of school hostel. While he was playing cricket along with some of his classmates in the school playground, his mouth was hit by a bat that slipped from the hand of the batsman. He was taken to a Primary Healthcare Centre where the Doctor stitched the injury, gave him medicines and kept him under observation. As per advice of the doctor, the boy was shifted to a Hospital in Bhubaneswar where he was immediately treated in ICU, however, he did not survive.

It was contended on behalf of the petitioner that there was contributory negligence on part of the school leading to death of the child. Hence, reliance was placed on Madhav Soren v. State of Odisha & Ors. (order dated 11th August, 2022), and Sanjay Kumar Mohanty & Anr. v. State of Odisha & Ors. (order dated 10th May, 2022) and Jambeswar Naik & Anr. v. State of Odisha & Ors. (order dated 30th September, 2021) regarding award of compensation at Rs. 10,00,000/- on finding of contributory negligence.

The respondents, on the other hand, contended that the death occurred due to an accident and there was no negligence on part of the school.

The controversy to be decided by the Court was whether or not there was contributory negligence on part of the school.

It appeared to the Court that the 'treatment status' reported by the Healthcare Centre had recommended CT scan be done on the boy. However, the same was not done by the Hospital, even when the child had complained of headache.

Here, the Court noted that the referral by the hospital was not disputed by the school whereas the parents of the boy had not participated in causing the boy to receive medical attention, since they were staying at Rayagada.

Accordingly, the Court reached the conclusion that there was contributory negligence on the part of the school. Therefore, placing reliance upon the aforementioned precedents, the Bench ordered Rs. 10,00,000/- compensation to the petitioner. It also clarified, in event payment is not made, the amount will carry interest at 5% per annum simple, calculated on and from 7th September, 2012, being date of presentation of the writ petition, till date of payment.

Case Title: Jaladhar Jena v. Union of India & Ors.

Case No.: W.P.(C) No. 16845 of 2012

Judgment Dated: 18^th October 2022

Coram: Arindam Sinha, J.

Counsel for the Petitioner: Mr. A. Sahoo, Advocate

Counsel for the Respondents: Mr. C.K. Pradhan, Senior Panel Counsel

Citation: 2022 LiveLaw (Ori) 148

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