Training institute’s improper safety measures shattered girl’s dream to join armed forces: Punjab consumer panel

However, a recent order by the State Consumer Disputes Redressal Commission of Chandigarh has given the girl some respite. The institute has been directed to pay her Rs 20 lakh for loss of “future career prospects”, Rs 5 lakh as compensation on account of “emotional distress” and Rs 50,000 as cost of litigation, along with a refund of Rs 13,500 paid by her as fee towards the training.

Earlier, Jain in her complaint, said to prepare herself well for the physical test, she was allured by advertisements of the Olive Greens Institute. She had joined the institute as a trainee candidate on September 21, 2018 after making a payment of Rs 13,500. Thereafter, she was taken to the training field for physical tasks.

Anchal alleged that initially some of the activities were performed by all the candidates including the complainant which were just running etc, but, when it came up for jumping from high board, having quite height, there were no arrangements for safe landing and she was also instructed to jump over from such a high level of board.

As alleged in order, before jumping, she requested the instructor that the board is quite high and she has no basic training of jumping from such height, but to no avail. However, when she jumped from the height and landed on the surface, she suffered serious injuries on her right ankle.

“To her utter dismay, after suffering serious injuries, no proper care was taken of her because neither there was any ambulance at the spot nor any other vehicle to take her to the hospital. She was crying with pain. The security guard took her to the private hospital on a motorcycle by a person even without a helmet, to provide her first aid, where X-ray of her right ankle was taken and it was found that there were multiple fractures. She was then taken to the Government Hospital, Sector 16, Chandigarh, where steel plates and nails were inserted in her fractured ankle,” Anchal’s complaint mentioned.

She had initially filed a complaint at the District Consumer Commission at Chandigarh, where the institute, in its reply, stated that the complainant before joining training had verified and satisfied herself about the expected parameters like reputation, infrastructure, medical and training facilities, study/training material and quality of instructors staff.

The institute authorities said that it was not that the jumping board was quite high for the complainant and not so high for others. She was not forced to climb up or jump down by anyone. “Ground was prepared, the earth was loosened and mattresses were also put in place.

It was stated that the complainant complained of acute pain and as such was moved to the rest area with two other women trainees, where she was given first aid, anti-pain spray was applied and her ankle was properly bandaged, and then taken to hospital,” Olive Greens claimed.

The District Commission decided her complaint with directions to the institute to refund Rs 13,500 (fee) and Rs 50,000 as compensation and Rs 10,000 as cost of litigation. Anchal, however, filed an appeal against the order at the State Commission for the enhancement of compensation.

A State Commission bench of Justice Raj Shekhar Attri and Rajesh K Arya, on hearing the matter, framed different questions in the matter, and one of them was whether Olive Greens has been registered in India and competent to impart physical training to the candidates, appearing for armed forces.

The bench stated that the institute has failed to place on record any cogent and convincing evidence to prove that it has got registration with any Indian or competent authority as the syllabus or training programme chalked out by Olive Greens is not prescribed by any authority of India.

The bench held that the institute, in its reply, has admitted in a “very candid manner” that it has experienced cases of fractures and grievous injuries every year, while imparting training to the candidates.

“This admission strongly suggests that the respondents have not undertaken sufficient measures to mitigate the risks inherent in their training programs… A responsible training institution is expected to review its training methodologies regularly and implement changes when patterns of injury emerge…Thus, it can easily be said that, year after year, candidates’ careers are being jeopardised, yet the respondents appear unwilling or unable to take meaningful corrective action to improve their training methodology. This raises serious concerns about their commitment to the candidates’ safety and professional responsibility,” the commission noted.

While modifying the compensation awarded to Anchal, the bench said that her injury has had “devastating consequences” on her future.
“As a young individual aspiring to join the armed forces, her right ankle fractures, which resulted in insertion of plates and nails therein, have not only caused physical disability but have also obliterated her prospects of serving in the armed forces or pursuing any physically demanding career. The loss of this opportunity, coupled with the pain and suffering endured, warrants fair and adequate compensation,” the Bench observed.

The bench described Jain as a “brave daughter of the country” who dreamt to join the armed forces and serve the nation. “However her dreams were shattered, when during a training/obstacle course undertaken by the opposite parties, she suffered a fracture in her right ankle, just because of inadequate supervision, improper safety measures and insufficient training protocols,” the order noted.