Gauhati HC Grants 30 Lakhs As Compensation To Parents Of A Boy Who Died Due To Electrocution While Practicing Guitar In A School [Read Judgment]

The Gauhati High Court has directed a school to provide Rupees Thirty Lakhs as compensation to the parents of a student who died due to electrocution while practicing guitar in the school. Ranveer Das, Son of Debajit Das and Sharada Das was a student of Assam Valley School managed by Williamson Magor Education Trust. While practicing electric guitar in the music cell in the school along with three of his friends, he was electrocuted. Though he was taken to hospital, he was declared 'dead on arrival'. Alleging that the death of their son occurred due to negligence of the authority of the school, the parents filed a suit seeking special and exemplary damages of Rs. 5 crores. The Trial Court dismissed the suit holding that trustees of the Trust are necessary parties to the suit and as such, in their absence the court cannot pass an executable decree and in view of the same the suit was not maintainable. But it found that there is cause of action for the suit and that the death of the deceased was a preventable one who died due to utter negligence on the part of the defendants. In appeal, Justice Prasanta Kumar Deka held that the trustees of the Trust are not necessary parties to the suit as the court is not required to decide any issue regarding the legal ownership of the trust property. " In my considered view, the court below was not correct in holding that no executable decree could be passed in absence of the trustees. Because the obligation promised by the school authority is not annexed to the ownership of the Trust property requiring a joint action of defence by all the trustees of the Trust in order to protect the ownership of the Trust property. This is because of the nature of ownership the school authority possessed which is only the beneficial ownership but not the legal ownership. The said obligation is not declared by the trustees of the Trust but by the school authority. As the obligation is contractual in nature it cannot have any link to the legal ownership which the trustees are vested with on the Trust property. Had it been linked to the legal ownership of the trustees then all the trustees are necessary parties to the suit. The suit is for damages claiming against the joint tortfeasors who are arrayed as defendants including the school authority." It observed that it was the responsibility of the school authority to anticipate and identify the source of grave risk surrounding the students while imparting education to them. "The school is a residential one and for each session there is a specific time period slotted. In such a schedule, the minor students practising guitar are bound to be in haste and as such the school authority is duty bound to provide safe electrical appliances for its use by minor students. The school authority cannot remain satisfied with the belief that as nothing had happened since the past years in the music room, so it requires no supervision by an adult. This will be against the duty of care assured by the school authority while accepting a child as its student in the school it runs. It is the responsibility of the school authority to anticipate and identify the source of grave risk surrounding the students while imparting education to them. The assurance of the said duty of care though made by the school authority also binds its servant in the course of performing the said duty of care. Any breach thereof by the servant makes liable the school authority vicariously. " While granting compensation of Rupees 30 Lakhs, the court further said: "Electrical accident is one of such hazards keeping in view the essentiality of electricity in day to day life of a person. But the school authority did not consider the said hazard as grave element of risk which took the life of the son of the plaintiffs appellants. That amounts to wilful negligence of due care towards the deceased on the part of the school authority on the ground that the school authority took the responsibility of the students as a boarding school and the responsibility undertaken by it is on the higher level compared to a school with only day scholars..." Case name: DR. DEBAJIT DAS AND ANR vs. WILLIAMSON MAGOR EDUCATION TRUSTCase no.: RFA 47/2018Coram: Justice Prasanta Kumar DekaCounsel: Advocate D. Baruah, Sr. Adv K. N. Choudhury, Advocates P. Sundi, K.Goswami Click here to Read/Download Judgment

Gauhati HC Grants 30 Lakhs As Compensation To Parents Of A Boy Who Died Due To Electrocution While Practicing Guitar In A School [Read Judgment]

LIVELAW NEWS NETWORK

"It is the responsibility of the school authority to anticipate and identify the source of grave risk surrounding the students while imparting education to them"

Tags