BHUBANESWAR: The Orissa high court has ordered ₹10 lakh compensation to the father of a class 12 student of Jawahar Navodaya Vidyalaya who died while playing cricket at school in November 2011, ruling that there was contributory negligence by the school.
A single bench of justice Arindam Sinha on said the court was convinced there was contributory negligence by the school in Odisha’s coastal town of Konark leading to the death of the student who died when the bat slipped from the batsman and hit him while fielding. In the circumstances, there will be direction upon opposite parties - the principal and other school officials - to pay compensation of ₹10 lakh to the father within four weeks, the court said in its order of October 18. The verdict was uploaded on Thursday.
Jayaram Jena, a class 12 student of the school was playing cricket with some classmates on November 2, 2011 afternoon when he was hit by the bat. Jena fell and was taken to the nearby primary health centre. On the doctor’s advice, the boy was shifted to a hospital in Bhubaneswar where he was immediately treated in the intensive care unit. But the child died the next morning at the private hospital soon after his parents arrived.
The parents of the boy moved court in 2012 against the principal and other school officials, demanding compensation of ₹10 lakh, arguing that there was contributory negligence on part of the school leading to death of the child. However, the school contested the grievance, saying there was no negligence but was an accident case.
{{/usCountry}}The parents of the boy moved court in 2012 against the principal and other school officials, demanding compensation of ₹10 lakh, arguing that there was contributory negligence on part of the school leading to death of the child. However, the school contested the grievance, saying there was no negligence but was an accident case.
{{/usCountry}}The high court, however, noted that the primary health centre recommended a CT scan on the boy who complained of headache but this was not done. The court said that the parents of the boy did not have any role in the treatment as they were staying at faraway Rayagada district.
The high court reached the conclusion that there was contributory negligence on the part of the school and ordered ₹10 lakh compensation to the father of the boy. The high court said in the event payment is not made, the amount will carry interest at 5% per annum simple, calculated on and from September 7, 2012 when the writ petition was filed.