The Karnataka High Court recently directed civic authorities to pay ₹2.77 crore with 6% interest to a Bengaluru resident who suffered permanent paraplegia after a branch of a Gulmohar tree fell on him while he was walking on a public road [Chandan G v. State of Karnataka].
Justice Suraj Govindaraj held that the BBMP (now Greater Bengaluru Authority) owed a statutory and public duty in relation to the tree even though it stood within the premises of a private school.
The Court also found that the civic body had actual notice of the danger at least from February 22, 2024, before the incident that occured on March 7, 2024.,
It also called upon the State government to establish a mechanism by which a public safety hazard, once reported or detected, is addressed despite the responsibility being divided among different departments, authorities, contractors, utilities or private owners.
"The object is to ensure that once a danger is brought to the notice of the competent authority, or is otherwise reasonably identified, the information is recorded, assessed according to the degree of risk, entrusted to a named person or authority and followed through until the danger is made safe and the remedial work is independently verified," it said.
The Court thus issued a slew of guidelines including use of cameras and artificial intelligence (AI) to detect public safety hazards, maintenance of digital records, time-bound response depending on the level of threat, recurrence monitoring, preventive maintenance, periodic inspection etc.
The petitioner suffered a severe spinal injury after a branch of a Gulmohar tree from the premises of Good Shepherd Convent School fell on him while he was walking to work. He underwent spinal decompression, stabilisation surgery and prolonged rehabilitation. His disability was assessed at 85%, while the Court treated his functional disability as 100% for calculating loss of future earning capacity.
The Court assessed total compensation at ₹2,82,29,695, including ₹24,44,271 towards medical expenses, ₹1,03,85,424 towards loss of future earning capacity, ₹27 lakh towards attendant and care charges, ₹1.17 crore towards future medical, physiotherapy, massage and rehabilitation expenses, and ₹5 lakh each towards pain and suffering and loss of amenities.
After adjusting ₹5 lakh already paid by BBMP, the Court directed payment of ₹2,77,29,695 with 6% annual interest from March 7, 2024. The amount is to be paid through RTGS within 12 weeks.
The Court clarified that the ₹3 lakh separately paid by Good Shepherd Convent School would not be deducted from the BBMP's liability. It also directed the school to honour its undertaking to provide free education to the petitioner's daughter until completion of Class 12.
The Court said that public safety cannot be treated as a one-time administrative exercise. It explained that a road repaired today may develop a new defect, a tree previously inspected may later become dangerous and a structure that was safe at one point may subsequently deteriorate.
“The responsibility of the concerned authority therefore continues in accordance with law and the nature of the asset."
The Court said that the mechanism put in place by the State should ensure that information generated about hazards is used for future inspection, maintenance and planning.
“The ultimate objective is simple: a citizen should not have to suffer death or serious injury before the administration acts upon a danger which it already knew, or which it could reasonably have identified and addressed."
The Court directed the State Government to establish a mechanism for receiving, recording and responding to public safety hazards.
The mechanism will cover dangerous trees, potholes, open manholes, blocked drains, exposed electrical wires, unsafe construction, damaged public structures, unsafe buildings and hoardings, dangerous traffic infrastructure, flooding, landslides and other hazards posing a risk of death or serious injury.
“The object is to ensure that once a danger is brought to the notice of the competent authority, or is otherwise reasonably identified, the information is recorded, assessed according to the degree of risk, entrusted to a named person or authority and followed through until the danger is made safe and the remedial work is independently verified."
The Court also directed that cameras, vehicle-mounted systems and AI must be used only for legitimate civic administration and public safety purposes and in compliance with privacy and data protection law.
The mechanism may initially be implemented in Bengaluru covering municipal, police, traffic, transport, utility and other relevant authorities, before being extended across the State. The government has been directed to endeavour to complete the principal implementation within 6 months.
The Chief Secretary or an authorised officer has been directed to file a compliance and progress report within 90 days.
Advocates Girish B N and Nagarajappa appeared for the petitioner.
Advocates Mohammed Jafar Shah, B S Karthikeyan and Lakshmish G appeared for respondents.
[Read Judgment]