Carmel Convent tree collapse: High Court gives school more time to file reply after imposing Rs 10,000 costs

More than two years after a student died and another lost her arm when a tree fell on them on school premises, the Punjab and Haryana High Court has given the institution additional time to file a reply in the matter after imposing costs on it.

Advertisement

A petition in the matter has been filed by the injured girl and the father of the girl who did not survive. Among other things, the petitioners through counsel Ramdeep Partap Singh are seeking directions to the Chandigarh Administration to release compensation following recommendation by a one-member inquiry committee.

As the matter came up for resumed hearing, Justice Kuldeep Tiwari asserted that last opportunity was granted to respondent-Carmel Convent school to file reply on November 28, 2024 – the previous date of hearing.

“However, today again the counsel for the respondent requests for some more time to file reply. Request made by the counsel for the respondent is allowed, but he is burdened with costs of Rs 10,000 to be deposited with the District Legal Services Authority concerned,” Justice Tiwari asserted.

The amount might appear nominal at the first glance, but imposition of costs is expected to expedite the process. The Bench was earlier told that compensation had not been granted even after six months of the report by the Justice Jitendra Chauhan Commission despite the fact that their “right to life has been abrogated to such an extent that monetary compensation is the only remedy and especially when the negligence of the respondents have been duly proved”.

The Bench was told that the committee considering the entire aspect came to the conclusion that the Chandigarh Administration was negligent in not carrying out proper maintenance of the tree.

The committee made a specific recommendation that deceased child Heerakshi’s family be compensated with Rs 1 crore. Another Rs 50 lakh was to be paid to Ishita Sharma, the child who lost her left arm. It was also recommended that the expenses for her treatment, including the surgery, would be made by the Engineering Department.

The Bench was also told that the incident occurred on July 8, 2022. The report recommending compensation to the petitioners was submitted on December 30, 2022. “However even after substantial period of time, the compensation has not been paid. Merely, Rs 20 lakh in ex-gratia was paid to father of Heerakshi and Rs 10 lakh as ex-gratia was paid to Ishita Sharma. However, the recommendation made by Justice Chauhan commission has not been complied with as yet.”

The petition added the response of the Chandigarh Administration with regard to the recommendations made by the committee was as sluggish and negligent as it was with regard to the maintenance of the tree which fell on the students.