NCDRC

NCDRC

FA/291/2010

KOTA CHAITANYA (DECEASED MINOR) - Complainant(s)

Versus

RAVINDRA BHARATHI PUBLIC SCHOOL & ORS. - Opp.Party(s)

MR. R.K.G. BHATIA

21 Feb 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 287 OF 2010
 
(Against the Order dated 20/07/2010 in Complaint No. 10/2009 of the State Commission Andhra Pradesh)
1. SAMANTHEPUDI HEMANTH KUMAR RAJA (DECEASED MINOR)
BUILDING LABOUR,D.NO.42-4-140, SAMANTHAPUDI VARI STREET, RAMAKRISHNAPURAM VIJAYWADA
ANDHRA PRADESH
...........Appellant(s)
Versus 
1. RAVINDRA BHARATHI PUBLIC SCHOOL & ORS.
23-3-8A,NARRAVARI STREET, SATYANARAYANAPURAM VIJAYWADA
ANDHRA PRADESH
...........Respondent(s)
FIRST APPEAL NO. 288 OF 2010
 
(Against the Order dated 20/07/2010 in Complaint No. 11/2009 of the State Commission Andhra Pradesh)
1. KANDRA KONDA VISHNUVARDHAN RAO (DECEASED MINOR)
D.NO.42-2/1-9,1ST LANE,DEVI NAGAR, VIJAYWADA
ANDHARA PRADESH
...........Appellant(s)
Versus 
1. RAVINDRA BHARATHI PUBLIC SCHOOL & ORS.
23-3-8A,NARRAVARI STREET, SATYANARAYANAPURAM, VIJAYWADA
ANDHARA PRADESH
...........Respondent(s)
FIRST APPEAL NO. 289 OF 2010
 
(Against the Order dated 20/07/2010 in Complaint No. 12/2009 of the State Commission Andhra Pradesh)
1. VALIVERU TEJA SAI (DECEASED MINOR)
D.NO.14-11-29, ATCHUTA RAMAIAH STREET, HANUMANPET, VIJAYWADA-3
ANDHARA PRADESH
...........Appellant(s)
Versus 
1. RAVINDRA BHARATHI PUBLIC SCHOOL & ORS.
23-3-8A, NARRAVARI STREET, SATYANARAYANAPURAM, VIJAYWADA
ANDHARA PRADESH
...........Respondent(s)
FIRST APPEAL NO. 290 OF 2010
 
(Against the Order dated 20/07/2010 in Complaint No. 13/2009 of the State Commission Andhra Pradesh)
1. PERECHERLA JAYANTH VARMA (DECEASED MINOR)
D.NO.23-28-46, CHALLAPALLI VARI STREET, LAXMINAGAR,S.N.PURAM VIJAYWADA
ANDHARA PRADESH
...........Appellant(s)
Versus 
1. RAVINDRA BHARATHI PUBLIC SCHOOL & ORS.
23-3-8A, NARRAVARI STREET, SATYANARAYANPURAM VIJAYWADA
ANDHARA PRADESH
...........Respondent(s)
FIRST APPEAL NO. 291 OF 2010
 
(Against the Order dated 20/07/2010 in Complaint No. 14/2009 of the State Commission Andhra Pradesh)
1. KOTA CHAITANYA (DECEASED MINOR)
D.NO.23-10/5-70, AMBATIVARI VEEDHI, BACKSIDE OF DRAINAGE OFFICE, SRINAAR,5th LANE, VIJAYAWADA-11
ANDHARA PRADESH
...........Appellant(s)
Versus 
1. RAVINDRA BHARATHI PUBLIC SCHOOL & ORS.
23-3-8A,NARRAVARI STREET, SATYANARAYANPURAM, VIJAYWADA
ANDHARA PRADESH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Appellant :
Mr. R.K.G. Bhatia, Advocate
Mr. Madan Kshirsagar, Advocate
For the Respondent :
Mr. P. Prabhakara Rao, Advocate

Dated : 21 Feb 2013
ORDER

his order will dispose of five cases which are noted above as the same entail the similar question of facts and law. 2. This is an indisputable fact that the children of all the five complainants were studying in Ravindra Bharathi Public School at Vijayawada. These children were aged between 12 to 14 years. The school had arranged a picnic to mango gardens near Munneru river for their students. As many as 430 students and 40 teachers went to the said place in seven vehicles on 27.11.2005. Thereafter, due to excavation of river sand in the river, some pits were formed at a depth of more than 6 feet deep. There was erosion of sand due to recent floods. When the children were playing with the ball, they slipped into the water. Firstly, four to five children were drowned and subsequently, it transpired that as many as 15 children were drowned due to above said unfortunate incident. It was alleged that due to negligence on the part of the school authorities, the children drowned in the river. Out of 40 teachers, there was only one male and 39 were females. The School had not taken any precautions to take with them some swimming experts. 3. Some of the victims / consumers went to the Lok Adalat, which gave them a compensation of Rs.2 lakh each. Before this Commission, parents of only 6 children have approached. One of the parents lost their two children. 4. The State Commission granted a compensation of Rs.5 lakh to each of the deceased students alongwith interest @9% p.a. from the date of the filing of the complaint, i.e., from 18.07.2008. A sum of Rs.6 lakh and odd has already been paid to the complainants. 5. Now, the appellants have filed the present appeals for enhancement of the said compensation. Counsel for the appellant has cited the following authorities:- . General Manager, Kerala State Road Transport Corporation Trivandrum Vs. Susamma Thomas (Mrs.) and Ors, (1994) 2 SCCC 176, wherein it was held that the determination of quantum of compensation must answer to what contemporary society would deem to be a fair such as would allow the wrong doer to held up his head among his neighbors and say with their approval that he has done the fair. he amount awarded must not be niggardly since the aw values life and limbin a free society in generous scales. B. .S. Grewal and anr. Vs. Deep Chand Sood & Ors., [AIR 2001 SCC 3660]herein Rs.36000/- was granted to the parties of deceased children. C. Lata Wadhwa Vs. State of Bihar, AIR 2001 SCC 3218. 6. The prices since then have risen by leaps and bounds. The costs of living have rapidly changed. Eight years have elapsed since then. Moreover, it is a matter involving huge mental agony, pain and suffering for the parents who have lost their precious children. 7. We have heard the learned counsel for the parties. Counsel for the appellant submits that he will be satisfied if a sum of Rs.3 lakh more is granted to each of the complainants. However, counsel for the respondent contested this and on instructions from respondent, he is ready to pay Rs.2 lakh more to each of the complainants. 8. Keeping in view all the facts and circumstances of the case, we are of the considered view that a compensation of Rs.3 lakh more to each of the complainants will be just and reasonable. However, we will not grant any interest on that amount as agreed. Out of this amount, Rs.1 lakh will be paid within 30 days, Rs.1 lakh will be paid within 60 days and the balance Rs.1 lakh will be paid within 90 days from today, failing which, it shall carry interest @10% p.a. till realization. The respondent school is directed to deposit the above-said amount by way of demand draft drawn in favour of each of the complainants with the State Commission and the State Commission will release the said demand drafts to the respective complainants immediately. 9. It is made clear that Appellant in FA No. 288 / 2010, Mr. Kandra Konda Prabhakar Rao, will get double the amount, total being Rs.6 lakh, as he has lost his two children, i.e., Kandra Konda Vishnuvardhan Rao and Kandra Konda Anil Kumar in the said unfortunate incident.

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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