PRATAP KUMAR NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been filed by the father of the deceased child who died on account of sudden fall of an iron grill gate on him in the UGME school premises claiming compensation to the tune of Rs. 10 lakhs from the opposite parties urging various facts and grounds.

(2.) BRIEF facts as have been narrated in the writ petition may be stated as follows with a view to find out as to whether the petitioner is entitled to the relief as prayed for and to appreciate the legal contentions raised on behalf of the parties. Petitioner 'sson Bhanu Pratap Nayak @ Biki was a student of Balipatna UGME School in the district of Bhadrak from the beginning of his study. He was a brilliant student and was awarded throughout his student career. While so studying in Class -V, on 15th July, 2004 at about 3 p.m., Bhanu Pratap met with an accident in the school premises and sustained bodily injuries due to sudden fall of an iron grill gate on him. Being informed about the incident by the Headmaster of the School the petitioner and other villagers rushed to the school and took the child who was in an unconscious state to Bhadrak Hospital. On 16th July, 2004, as the condition of the child became worse, he was shifted to S.C.B. Medical College & Hospital, Cuttack. On 18th July, 2004, as the health condition of the child further worsened, the petitioner took his son to Kalinga Hospital, Bhubaneswar for better treatment.

(3.) IT is stated that the Government has provided no support for such accidental death of his son that occurred in the school premises. On 15th July, 2004, only police from Bhadrak P.S. came to the spot where the incident occurred and noted down everything in their diary.