Chandigarh: Observing that the Constitution does not compel students to pursue education in unsafe structures, Punjab and Haryana high court has awarded over Rs 1.3 crore compensation to a woman who was left permanently paralyzed in a wall collapse on her university campus in 2013.The division Bench of Justice Harsimran Singh Sethi and Justice Vikas Suri observed that it cannot lose sight of the fact that the appellant is a young woman who would have dreams of settling in matrimony and having children of her own, which were adversely impacted by the unfortunate incident.“It is well recognized that marriage / companionship is an integral part of the natural life of a human being. Keeping in view the nature of the injuries suffered by the appellant and her 100% functional disability, it is near impossible for her to rear children and enjoy the simple pleasures of marital life,” observed HC while granting compensation to Sandeep Kaur, who was a 23-year-old final-year BSc student at Desh Bhagat University in Fatehgarh Sahib district at the time of the incident in Oct 2013.The collapse of a campus structure, the court observed, “speaks for itself,” invoking the doctrine of res ipsa loquitur to underline that such incidents ordinarily do not occur without negligence.The wall of a campus bathroom collapsed on Sandeep Kaur during a dust storm, causing severe spinal injuries, and resulting in paraplegia and permanent disability assessed at 90-100%.Initially treated at Civil Hospital, Mandi Gobindgarh, she was shifted to Government Medical College and Hospital (GMCH) Chandigarh and then to a private hospital in Panchkula. While the university bore part of her medical expenses, disputes arose over liability and compensation. An FIR under Section 338 IPC was registered at Amloh police station in Fatehgarh Sahib district, but the only accused, a university employee, was discharged in 2017. The appellant then moved HC, seeking reinvestigation and Rs 1 crore in damages.After hearing all the parties, HC calculated compensation by factoring in her notional income, future prospects, lifelong attendant care, pain and suffering, future medical expenses, and loss of marriage prospects.The total award of Rs 1,37,24,000 carries 7.5% annual interest from the date of filing of the writ petition until realization. The amount is to be paid jointly and severally by the university and its managing body within three months, HC has directed.The court rejected the university’s earlier offer of Rs 5 lakh and employment as “full and final settlement,” terming it wholly disproportionate to the gravity of the injuries and lifelong consequences faced by the petitioner.BOX“Every student possesses a right to obtain education in a safe environment, free from physical hazards, and the same is a crucial aspect of Articles 21 and 21A of the Constitution. The corresponding duty to fulfil this right lies on the authorities charged with the function of running the institution,” said the HC bench.
