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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
V.K. Jain, Presiding Member
Secretery, B.N.M. Educational Institutions
& Anr. —Appellants
versus
Kum Akshatha —Respondent
First Appeal No.655 of 2016
(Against the Order dated 09/03/2016 in Complaint No. 77/2009 of the State Commission Karnataka)
Decided on 14.9.2016
Counsel for the Parties:
For the Appellants:Ms. S. Radha Pyari, Advocate
For the Respondent:Mr. Anand Mishra, Advocate
IMPORTANT POINT
It is duty of teachers to take full care of students while on educational trips.
Headnote:Consumer Protection Act, 1986—Sections 17, 19 and 21—Education—Excursion—Medical problem to student during trip—Compensation of Rs.88,73,798/- along with 9% interest awarded by State Commission—Complainant was a minor when she along with several other students left Bangalore to Delhi and undertook an educational troop to cities organized by school—Complainant being a minor and in care and custody of teachers accompanying students, it was mandatory duty of teachers to take care of health of students during tour— Sudden blackout and becoming unconscious even for a minute or so, warranted immediate medical attention to complainant by a qualified doctor—This was not something which could be ignored or treated by giving warm water massage or some brandy at night—Teachers accompanying students on tour were negligent in taking her care, they having not taken her to a doctor or to a hospital when she experienced sudden blackout and became unconscious—Since teachers accompanying complainant were grossly negligent in taking her care despite taking such care being their mandatory duty, appellants have rightly been held vicariously liable for negligence and accordingly have to duly compensate complainant—Disease with which complainant was attacked was abrupt and was not a pre-existing disease—She has been rendered an invalid for remaining part of her life and become wholly dependent on others—Pain and suffering of complainant being endless, no amount of compensation can bring back precious years of life which she already has spent undergoing treatment at hospitals, physiotherapy centres and at home—Appellant directed to pay consolidated amount of Rs.50,00,000/- as an all-inclusive one time compensation to complainant along with 8% interest. (Paras 8, 9, 15, 16 and 17)
Result: Appeal disposed of with observations.
V.K. Jain, Presiding Member—The respondent/complainant, a child aged 14 years at the relevant time, was a 9th standard student of B.N.M. Primary and High School, being run by B.N.M. Education Institutions at Bangalore. In December 2006, a group of students, including the respondent /complainant, accompanied by some teachers of the school, came to Delhi for an educational tour to several places in North India. The group reached Delhi on 24.12.2006. The complainant allegedly developed fever on 24.12.2006 and her illness was intimated, by her classmates, to the teachers accompanying the students. The case of the complainant/respondent is that no medical aid was provided to her, which resulted in deterioration of her health. On 26.12.2006, when the group was on a visit to Ranathambore National Wildlife Park, the complainant had severe shivering and seizure. Twice, she became unconscious, firstly at 5 a.m. and then at 9.30 a.m. and she also vomited, due to high fever. According to the complainant, no medical help was provided to her even at that time. When the group was returning to Delhi by road, undertaking a journey of about 14-15 hours, the complainant, allegedly not being in her senses, attempted to jump from the bus but only a Crocin tablet was provided to her, without taking to her any doctor or hospital, which resulted in further deterioration of her health. She allegedly bite her tongue twice, which resulted in bleeding and she lost senses. Though her condition continued to worsen, she was made to participate in a camp fire till the midnight of 30.12.2006 and made to travel to Delhi with the rest of the group. By the time they reached Delhi, she was allegedly totally drowsy and behaving indifferently. She was taken to the airport on 31.12.2006 without first taking her to a doctor or a hospital. But on account of her sickness, she was not allowed to take the flight. On return to the hotel, she allegedly vomited and fell unconscious in the bathroom. The door had to be broken upon, in order to rescue her from the bathroom. She was then taken to Jessa Ram Fortis hospital, where she was admitted. It was at that stage, that the teachers intimated the parents of the complainant about her ill-health. It was diagnosed by the doctors that she had suffered a viral fever, namely, Meningo Encephalitis. The doctors opined that had she been given timely medical aid and attention, she could easily have been cured.
2. The mother of the complainant, on reaching Delhi, shifted her to Max hospital, where she remained admitted for as many as 53 days, out of which 23 days were spent in ICU. The complainant remained unconscious throughout this period and underwent hundreds of tests, scans and other investigations. Her parents had to stay in Delhi, in order to take care of her treatment. Despite the efforts made by the parents at considerable cost, there was no improvement in the health of the complainant. They then shifted her to Bangalore in an Ambulance Flight, under medical care. At Bangalore, she was admitted in Mallya hospital, where she was put on ventilator and treated with higher antibiotics, steroids etc. The doctors felt that no fruitful purpose would be served by continuing to keep her as an indoor patient and discharged her with continuation of treatment at home. She, was discharged from the hospital after 74 days on 9.5.2007. Thereafter she was admitted in St. Martha’s Hospital on 1.8.2007, where she underwent further treatment and was discharged on 10.8.2007, with advice to continue the treatment at home. The complainant was thereafter admitted at NIMHANS Hospital from 1.10.2007 to 12.10.2007, where the doctors recommended Cognitive Retrieving Therapy The complainant was then admitted in All India Institute of Speech and Hearing at Mysore for about 3 months. Her parents also had to stay there in rented accommodation in or
