SECRETERY, B.N.M. EDUCATIONAL INSTITUTIONS AND ANR. 27TH CROSS. 12 Vs. KUM AKSHATHA D/O. N. KANTHARAJ, REPRESENTED BY FATHER NAD NATURAL GURADIAN, R/O. AT NO. 42, 3RD CROSS, 9TH MAIN GURURAJ LAYOUT, B.S. K. III STAGE, BANGALORE

JUDGEMENT

(1.) The respondent/complainant, a child aged 14 years at the relevant time, was a 9th standard student of B.N.M. Primary and High School, being run by B.N.M. Education Institutions at Bangalore. In Dec. 2006, a group of students, including the respondent /complainant, accompanied by some teachers of the school, came to Delhi for an educational tour to several places in North India. The group reached Delhi on 24.12.2006. The complainant allegedly developed fever on 24.12.2006 and her illness was intimated, by her classmates, to the teachers accompanying the students. The case of the complainant/respondent is that no medical aid was provided to her, which resulted in deterioration of her health. On 26.12.2006, when the group was on a visit to Ranathambore National Wildlife Park, the complainant had severe shivering and seizure. Twice, she became unconscious, firstly at 5 a.m. and then at 9.30 a.m. and she also vomited, due to high fever. According to the complainant, no medical help was provided to her even at that time. When the group was returning to Delhi by road, undertaking a journey of about 14-15 hours, the complainant, allegedly not being in her senses, attempted to jump from the bus but only a Crocin tablet was provided to her, without taking to her any doctor or hospital, which resulted in further deterioration of her health. She allegedly bite her tongue twice, which resulted in bleeding and she lost senses. Though her condition continued to worsen, she was made to participate in a camp fire till the midnight of 30.12.2006 and made to travel to Delhi with the rest of the group. By the time they reached Delhi, she was allegedly totally drowsy and behaving indifferently. She was taken to the airport on 31.12.2006 without first taking her to a doctor or a hospital. But on account of her sickness, she was not allowed to take the flight. On return to the hotel, she allegedly vomited and fell unconscious in the bathroom. The door had to be broken upon, in order to rescue her from the bathroom. She was then taken to Jessa Ram Fortis hospital, where she was admitted. It was at that stage, that the teachers intimated the parents of the complainant about her ill-health. It was diagnosed by the doctors that she had suffered a viral fever, namely, Meningo Encephalitis. The doctors opined that had she been given timely medical aid and attention, she could easily have been cured.

(2.) The mother of the complainant, on reaching Delhi, shifted her to Max hospital, where she remained admitted for as many as 53 days, out of which 23 days were spent in ICU. The complainant remained unconscious throughout this period and underwent hundreds of tests, scans and other investigations. Her parents had to stay in Delhi, in order to take care of her treatment. Despite the efforts made by the parents at considerable cost, there was no improvement in the health of the complainant. They then shifted her to Bangalore in an Ambulance Flight, under medical care. At Bangalore, she was admitted in Mallya hospital, where she was put on ventilator and treated with higher antibiotics, steroids etc. The doctors felt that no fruitful purpose would be served by continuing to keep her as an indoor patient and discharged her with continuation of treatment at home. She, was discharged from the hospital after 74 days on 9.5.2007. Thereafter she was admitted in St. Martha's Hospital on 1.8.2007, where she underwent further treatment and was discharged on 10.8.2007, with advice to continue the treatment at home. The complainant was thereafter admitted at NIMHANS Hospital from 1.10.2007 to 12.10.2007, where the doctors recommended Cognitive Retrieving Therapy The complainant was then admitted in All India Institute of Speech and Hearing at Mysore for about 3 months. Her parents also had to stay there in rented accommodation in order to take care of her child.

(3.) Despite extensive medical treatment provided to the complainant by her parents, her mental condition and IQ is said to be the level of a 21 months old child, though at the time of filing of the complaint she was aged about 16 years. She is said to be a bright and intelligent child who, besides securing distinctions in her studies, was also excelling in sports and cultural activities. She is stated to be bedridden and requiring constant care of others with no indication as to what would happen to her future life. Her movements have been severely restricted and she does not have sufficient strength in her truck and lower limbs. She is not in a position even to identify her parents, and her cognitive and perpetual abilities are seriously impaired. She is stated to have become vegetable like for all practical purposes and needs to be bedridden all the 24 hours. Seeing her condition and plight, her parents and other family members find themselves unable to face her and are suffering grave mental torture and suffering, besides the financial burden which they have regularly been discharging since 31.11.2006 when they were informed of her sickness. Her father had allegedly spent about 35 lakhs on her medical treatment etc. by the time the complaint was filed, though he is a person of modest means. He has allegedly become penniless, having spent everything in the treatment of her child.