Institute held liable for lack of safety measures

The National Commission observed the layout plan didn't show a terrace on the second floor, and the institute's contention the step wasn't broken was falsified by photographs

Swarna Jaswanth had taken admission in the Vogue Institute of Fashion Technology near Bengaluru’s Football Stadium Complex. The institute was run by Manduda Educational Trust through its chairman M.M. Kairappa.

During the first academic year, Swarna secured first class. The next year, the college shifted its students to another building located at Kasaba Hobli while it was still under construction. Swarna’s parents objected, but the institute claimed that all precautionary measures had been taken, and that construction would be completed soon. In November 2011, the institute declared a vacation to complete construction.

Swarna attended classes regularly when they resumed on December 5, 2011. On December 14, 2011, during the recess she went along with her friends to the canteen on the second floor. While returning, when she put her foot on the first step, she lost her balance, as it was broken. Since there was no railing, she toppled on the glass gallery, which broke, and she crashed right till the ground floor. She sustained injuries to her head and spinal cord, and went into a coma. The institute took Swarna to hospital, but she expired on December 25, 2011.

Swarna’s parents and sister lodged a police complaint and also filed a consumer complaint before the Karnataka State Commission. They claimed that Swarna was a bright student, and they had invested in her education, but her death due to negligence had caused them a loss.

The institute contested the case stating that construction was being carried on under the supervision of a qualified architect as well as a structural engineer on land allocated under the Suvarana Kayaka Kaushaya Abhivruddi scheme sponsored by the government of Karnataka. It claimed that the incident had occurred in the terrace area, which was a prohibited zone. A board restricting students and staff from going there had also been put up. The institute argued that it could not be held liable as Swarna was over 18 years old, and was mature enough to understand the caution notice, but had disregarded it and voluntarily gone to the terrace to consume prohibited drugs and tobacco. The institute claimed it had spent Rs 1,56,000 towards Swarna’s medical expenses.

After considering the oral and documentary evidence, the State Commission held the institute guilty of negligence. It observed that Swarna was merely 19 years old when she died, and that she would have earned nothing less than Rs 25,000 per month after completing the B.Sc. F.A.D. course. So, it computed Rs 25 lakh as compensation, and ordered this amount to be paid along with 9 per cent interest from the date of complaint.

The order was challenged in appeal. The National Commission observed that the layout plan did not show any terrace on the second floor. Also, the construction of the second floor had been completed. It noted that the institute’s contention that the step was not broken was falsified by the photographs produced by it. The National Commission also agreed that suitable safety precautions, such as putting up a boundary, grill or railing had not been adopted. It upheld the finding that this constituted negligence for which the institute would be liable.

The National Commission also observed that the fee of Rs 3,20,000 charged for the course definitely justified the expectation of future earning capacity of Rs 25,000 per month, and held that the compensation awarded was reasonable and justified.

Accordingly, by its order of June 14, 2022, delivered by Justice Ram Surat Ram Maurya, the National Commission dismissed the appeal and affirmed the decision of the State Commission.

The writer is a consumer activist