Orissa High Court Directs State To Pay Rupees 10 Lakhs Compensation To Parents Of Boy Who Died By Falling In Drain During School Hours

"The students coming from rural background were used to defecate in the open. In spite of toilet being available in the school premises, the teacher allowed the students to go outside the school premises, to relieve themselves. As such, contributory negligence in preventing the death is the inference."

Submissions of the Petitioners:

Mr. J.R. Dash, advocate appeared on behalf of the petitioners, i.e. parents of the boy who died on 28^th September, 2011. He submitted that the son attended government school. After midday meal, the son and his friend required to answer call of nature. They were permitted by the teacher to go outside the school premises. While doing their business, they fell in a drain. The son died, but the friend survived.

He relied on an order dated 30^th September 2021 made by a Division Bench of the High Court in Jambeswar Naik & Anr. v. State of Odisha & Ors. wherein two little girls died on 7th September, 2012, having fallen into a pit dug out in the Anganwadi Centre (AWC). Compensation of Rs. 10,00,000/- to each set of parents was directed by the order.

Submissions of the Respondents:

Mr. R.N. Acharya, Standing Counsel appeared on behalf of the Department and drew attention to annexures in the counter and particularly disclosure at page-13 to submit that ex-gratia grant of Rs.2,00,000/- is the policy applicable, inter alia, on accident occurred during any school related activity.

First annexure in the counter is communication dated 7^th August, 2012 issued by Special Secretary to Government on scale of ex-gratia assistance to next of kin of the deceased. There were four entries namely, heat wave; lightning; boat accident (normal time); and tornado and whirlwind (normal time). The second annexure is communication dated 25^th August, 2012. This communication was in revision of the earlier one.

Third annexure in the counter is notification dated 25th March, 2015 published by authority in the Odisha Gazette Extraordinary. It provided for a scheme whereby, inter alia, accident occurred during any school related activity would have ex-gratia grant of Rs.2,00,000/- . The application form in respect of this provision in the notification was relied upon by Mr. Acharya.

Court's Observations:

The Court noted that in Jambeswar Naik (supra), the Division Bench was of the view inter alia, that there should have been barricades and warning signs near the dugout pits, to prevent accident. Absence of barricades and warnings signs led the Bench to find that death of the two little children was entirely avoidable. A clear case was made out for grant of compensation for violation of constitutional 'right to life' of the two young children. Keeping in view all of that the Bench directed sum of Rs.10,00,000/- to be paid to each of the deceased's parents.

In the instant case, the Court noted, there is an enquiry report dated 29^th September, 2011 of the District Inspector of School. It appears from the report that though toilet facility was available in the school, the students were not disciplined to use them. No steps had been taken by the headmistress to enforce discipline of using toilet in the premises.

The students coming from rural background were used to defecate in the open. In spite of toilet being available in the school premises, the teacher allowed the students to go outside the school premises, to relieve themselves. Thus, the Court inferred 'contributory negligence' in preventing the death. Hence, it observed that the case is squarely covered by Jambeswar Naik (supra).

Therefore, it ordered the State, through its appropriate functionary, to pay compensation of Rs.10,00,000-/ (rupees ten lakhs) to the petitioners. It required the relevant authority to file compliance within four weeks thereafter.

Case Title: Sanjay Kumar Mohanty & Anr. v. State of Odisha & Ors.

Case No.: W.P.(C) No. 20443 of 2012

Order Dated: 10 May 2022

Coram: Justice Arindam Sinha

Counsel for the Petitioners: Mr. J.R. Dash, Advocate

Counsel for the Respondents: Mr. R.N. Acharya, Standing Counsel (S&M Education Deptt.), Mr. A.K. Sharma, AGA

Citation: 2022 LiveLaw (Ori) 60

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