2022 Carmel convent tree tragedy: ‘A prosthetic limb costs Rs 35L…we can’t afford:’ Despite HC order to UT, kin await compensation

In a blistering 41-page order on September 29, Justice Kuldeep Tiwari directed that Rs 1 crore be given to the family of a student killed in the incident and Rs 50 lakh to a minor girl whose arm was amputated. The judge also ordered that her future medical expenses, including transplants, be borne by the administration, and that her school fees be waived till Class XII.

Heerakshi’s father Pankaj Kumar told The Indian Express, “We haven’t received anything…even otherwise, our child is gone. What to even fight for…?”

Aman Sharma, father of the child whose arm was amputated, told The Indian Express how his daughter awaits help.

“We learned that a prosthetic limb costs Rs 35 lakh. When the incident took place, everyone in the administration and politicians assured that they would help us get her arm back. The then Haryana chief minister Manohar Lal Khattar also visited us, but we received no help. I even went to the Governor’s Office with the judge’s report, but officials were rude to me. I informed them that we could not afford the cost of the limb,” he said.

“We then moved the HC to get a prosthetic limb for my daughter. She is at no fault. She wanted to be a surgeon. Her life has been spoiled. Despite the HC direction, the UT isn’t responding,” he added.

The administration’s one-member committee, headed by retired Justice Jitendra Chauhan, had found the engineering department negligent in failing to maintain the tree. “The tragedy has happened due to lapses by the engineering department, Chandigarh Administration, as the officials did not visit the spot and did not devise the specific protocol to keep such trees in good health and to accord specialised treatment if any, available to strengthen the tree,” Justice Chauhan noted.

In the report, submitted in December 2022, Justice Chauhan recommended Rs 1 crore for the deceased’s family and Rs 50 lakh for the injured girl, along with coverage of future medical costs and a job for a school employee who saved lives.

While other recommendations were carried out, the compensation advice was brushed aside as “non-binding”. Instead, the administration paid ex gratia relief of Rs 20 lakh to the deceased’s family and Rs 10 lakh to the survivor.

The petitioners, the father of the deceased and the injured girl herself, moved the high court in 2023.

However, advocate Ramdeep Partap Singh, representing the families, said, “No, there hasn’t been even any communication from the administration’s side. No compensation has been received yet.”

A senior officer of the Chandigarh Administration told The Indian Express, “We may file an appeal against the HC order.”

What HC observed

The court had expressed “grave concern” over the administration’s handling of the matter. “Following the tragic incident, there was widespread public outcry… To show active engagement, the Chandigarh Administration constituted a committee led by a retired judge of this high court, which conducted the inquiry. The Chandigarh Administration not only accepted all the recommendations and remedial measures proposed by the committee but also ensured their implementation. However, when it came to the recommendation regarding the payment of compensation due to the established negligence of the engineering department, the Chandigarh Administration resorted to various legal technicalities, including the assertion that such a recommendation exceeded the committee’s terms of reference.”

The court had further said, “The negligent act of one of the wings of the Chandigarh Administration has resulted in the loss of a precious young life, besides resulting in injuries of varying degrees and severity to several others. Therefore, it is well within the right of the injured victims to enforce their legal right protected by the Constitution of India, and since there has been a breach of their fundamental rights, they can well maintain a petition for award of monetary compensation.”