Act like parents to students in distress: NCDRC to school officials

"Valuable time was lost on account of school officials waiting for family members of the child to come to the school, along with their doctor," the bench said.

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The NCDRC directed St Mary’s Academy to pay compensation to Krishan Mohan Goyal, father of class X student Rishab who died due to its negligence in providing medical aid.

School officials should treat students like their own children, especially those who are in distress, the apex consumer commission has held. Its observation came while directing a private school to pay Rs 10 lakh to the father of a boy, who died due to its negligence in providing medical aid.

The National Consumer Disputes Redressal Commission (NCDRC) bench directed St Mary’s Academy at Meerut in Uttar Pradesh to pay compensation to Krishan Mohan Goyal, a resident of the area and father of class X student Rishab.

“The carelessness and apathy shown by the school officials leaves no doubt about their negligence in taking care of the minor child and providing even the basic aid and assistance which every school is expected to provide to its students who are in distress. In fact, the school officials are expected to act and behave like the parents of the child in such an emergency,” the bench headed by presiding member V K Jain said.

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According to the complaint filed by Goyal, his son suffered an asthma attack in the school on March 21, 2003, and was taken to the principal by his friends. The principal, however, expressed his inability to help him as no medical facility was available in the school, it said. The complaint further said that fellow students informed Rishab’s family and his sister rushed to the school and took him to a nearby doctor’s clinic where he was declared brought dead.

The bench said in its order, “Valuable time was lost on account of school officials waiting for family members of the child to come to the school, along with their doctor. Instead of waiting for the family members of the child, they ought to have immediately taken him to the nearest doctor or hospital.”

“Even if the student was not carrying inhaler with him despite being asthmatic, that would not absolve school officials from the gross negligence displayed by them in taking even the basic care expected from them,” it said.

The school management denied any negligence on its part. The district forum had earlier awarded a compensation of Rs 10 lakh but the state commission reduced the amount to Rs five lakh which was challenged by the family before NCDRC.

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“Considering all the facts and circumstances of the case, including that possibly the life of the child could have been saved had he been immediately taken to a hospital or a doctor, compensation to the extent of Rs 10 lakh cannot be said to be unjustified or excessive,” the NCDRC said.

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