Pay ₹10 lakh for class 12 boy’s death who got hurt at school, died: High court

The single judge bench of the Orissa high court noted that the primary health centre doctor recommended a CT scan of the child before referring him to a private hospital but this was not done

Updated on: Oct 20, 2022, 22:52:46 IST

By Debabrata Mohanty

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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.

The Orissa 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 (Orissa high court)

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.

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.

ABOUT THE AUTHOR
Debabrata Mohanty
Debabrata Mohanty is a senior assistant editor of Hindustan Times who works as state correspondent from Odisha covering the state's politics, governance, public policy, natural disasters, environment and its society for close to three decades. With his long years of reporting from the state capital of Bhubaneswar, Mohanty has been known as one of the most experienced and credible journalists covering Odisha for the national English dailies. His reporting combines on-ground detail with deep institutional knowledge detailing the state's changing politics, governance issues, administrative reforms and the functioning of its public institutions. He has regularly reported on issues ranging from legislative developments and public policy implementation. Politics is his core areas of expertise as he closely tracks Odisha's political landscape, including the rise and transformation of the Bharatiya Janata Party (BJP), the Biju Janata Dal (BJD), the two principal political parties in Odisha. His long association with the state's political establishment enables him to write on contemporary developments in a larger political context. Mohanty takes a deep interest in writing human interest stories, environmental issues and documenting the impact of cyclones, floods, heatwaves, and other climate-related events in one of the most disaster-prone states. His coverage extends to public health, governance reforms and stories on accountability of government institutions. Before joining Hindustan Times, Mohanty worked with The Indian Express, Mail Today, and The Telegraph, where he covered at least six general elections and as many assembly elections. In 2007, he was selected for the prestigious Chevening Young Indian Print Journalist Programme at the University of Lincoln, United Kingdom, where he received advanced training in print journalism. In 2009 he won the Press Institute of India-International Committee of Red Cross award on conflict reporting for his on-ground reportage of 2008 Kandhamal riots.Read More

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