IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

DATED THIS THE 3^RD DAY OF AUGUST, 2021

BEFORE

THE HON’BLE MR.JUSTICE S.R. KRISHNA KUMAR

WRIT PETITION NO.102660/2018 (GM-RES)

BETWEEN :

1.

SHRI.LAXMAN S/O YALLAPPA JALAPPANAVAR,

AGE: 38 YEARS, OCC: COOLIE WORK,

R/O: GHATAKNUR VILLAGE,

TQ: RAMDURG, DIST: BELAGAVI.

2.

SMT.NILAVVA W/O LAXMAN JALAPPANAVAR,

AGE: 33 YEARS, OCC: HOUSEHOLD WORK,

R/O: GHATAKNUR VILLAGE,

TQ: RAMDURG, DIST: BELAGAVI.

...PETITIONERS

(BY SRI DEEPAK S. KULKARNI, ADVOCATE)

AND :

1.

THE SECRETARY,

EDUCATION DEPARTMENT,

GOVERNMENT OF KARNATAKA,

M.S. BUILDING, BENGALURU-560001.

2.

THE DEPUTY COMMISSIONER,

BELAGAVI DISTRICT,

TQ. AND DIST: BELAGAVI.

3.

THE BLOCK EDUCATION OFFICER,

RAMDURG TALUKA, DIST: BELAGAVI.

2

4.

THE HEAD MASTER (PRINCIPAL),

GOVERNMENT SENIOR PRIMARY KANNADA SCHOOL,

GHATKANUR, RAMDURG, TQ: RAMDURG,

DIST: BELAGAVI.

5.

THE EXECUTIVE ENGINEER,

PUBLIC WORKS DEPARTMENT,

RAMDURG TALUKA, DIST: BELAGAVI.

6.

THE DEPUTY DIRECTOR OF

PUBLIC INSTRUCTIONS (DDPI),

BELAGAVI, AT-CLUB ROAD,

BELAGAVI, TQ AND DIST: BELAGAVI.

…..RESPONDENTS

(BY SRI V.S.KALASURMATH, HCGP FOR R1-R6)

THIS WRIT PETITION IS FILED UNDER ARTICLE226 AND

227 AND ARTICLE 21 OF THE CONSTITUTION OF INDIA

PRAYING TO ISSUE AN ORDER OR DIRECTION, MORE IN THE

NATURE

OF

WRIT

OF

MANDAMUS,

DIRECTING

THE

RESPONDENTS TO PAY COMPENSATION OF RS.10 LAKHS TO

THE PETITIONERS ON ACCOUNT OF DEATH OF THEIR ONLY

SON.

THIS

PETITION

COMING

ON

FOR

PRELIMINARY

HEARING-B GROUP, THIS DAY, THE COURT, MADE THE

FOLLOWING:

3

ORDER

In this writ petition, the petitioners have sought

for the following reliefs:

I.

Issue an order or direction, more in the

nature of writ of mandamus, directing the

respondents to pay compensation of Rs.10

lakhs to the petitioners on account of death

of their only son.

2. Heard Sri Deepak S.Kulkarni, learned counsel

for the petitioners and Sri V.S.Kalasurmath, learned

HCGP for respondent Nos.1 to 6.

3.

In

addition

to

reiterating

the

various

contentions urged in the memorandum of petition and

referring to various documents produced by the

petitioners, learned counsel for the petitioners submits

that the material on record indicates that the deceased

Sagar, minor son of the petitioners was aged about 10

years when he expired in the fatal accident that

4

occurred in the school playground at about 4.15 p.m.

when the compound wall of the school fell on him,

resulting in grievous injuries and consequent death to

the minor boy. It is the grievance of the petitioner that

despite the petitioner submitting a representation dated

01.12.2017 to the respondents calling upon them to

pay compensation on account of the negligence on the

part of the respondents, the same has not been

complied with by the respondents, who have repudiated

the claim of the petitioner and as such, petitioners are

before this Court by way of the present petition.

4. Per contra, learned counsel for the respondents

submits that there is no merit in the petition and that

the same is liable to be rejected. It is also submitted

that the petitioners have received a sum of Rs.50,000/-

from

the

student

welfare

fund

of

Vidyarthi

Kshemabhivruddhi Nidhi, Bangalore and Rs.1,00,000/-

from the Chief Minister’s Relief Fund and as such, the

5

petitioners are not entitled to compensation in the

present petition.

5. The issue with regard to liability of the State

Government and its authorities to pay compensation on

account of negligence has been reiterated by the Apex

Court as well as other Courts in various decisions.

6. In the case of Nilabati Behera v. State of Orissa

(1993) 2 SCC 746, the Apex Court held as under:

“10. In view of the decisions of this Court

in Rudul Sah v. State of Bihar [(1983) 4 SCC 141 :

1983 SCC (Cri) 798 : (1983) 3 SCR 508], Sebastian

M. Hongray v. Union of