Landmark Judgment Holds University Liable for Negligence Leading to Student's Permanent Disability
In a significant ruling, the Punjab and Haryana High Court has awarded Rs. 1,37,24,000 in compensation to Sandeep Kaur, a final-year B.Sc. student at Desh Bhagat University, who suffered 100% permanent disability due to the collapse of a bathroom wall on the university campus. The court's decision underscores the application of vicarious liability and public law remedy under Article 226 of the Constitution of India.
The Division Bench comprising Justices Harsimran Singh Sethi and Vikas Suri concluded that the writ petition for compensation was maintainable against the statutory university, performing a public function, which was found negligent in maintaining its campus buildings. The court applied the doctrine of "Res Ipsa Loquitur," indicating that the circumstances of the wall collapse inherently suggested negligence on the part of the university authorities.
The judgment meticulously determined the compensation using the multiplier method, akin to principles used in motor accident claims. Various heads, including notional income, future prospects, attendant charges, future medical expenses, pain and suffering, and loss of marriage prospects, were considered in calculating the total compensation.
The court emphasized the right of students to pursue education in a safe and hazard-free environment, invoking Articles 21 and 21A of the Constitution. The ruling serves as a precedent for holding educational institutions accountable for ensuring the safety of their premises.
This judgment not only provides financial relief to the appellant but also reinforces the legal responsibility of universities to maintain safe infrastructure, thereby safeguarding the rights of students.
Bottom Line:
Compensation awarded for 100% permanent disability caused due to negligence in maintaining a university building, applying principles of vicarious liability and public law remedy under Article 226 of the Constitution of India.
Statutory provision(s): Article 226 of the Constitution of India, Section 338 of the Indian Penal Code, Desh Bhagat University Act, 2012 (Punjab Act No. 15 of 2013)
Sandeep Kaur v. State of Punjab, (Punjab And Haryana)(DB) : Law Finder Doc id # 2853602
