2011 drainage mishap: Orissa High Court awards Rs 10 lakh compensation to parents of Puri boy

CUTTACK :  The Orissa High Court has awarded Rs 10 lakh compensation to the parents of a student who died after falling into a drain while relieving himself outside the school premises in Puri district in 2011. The court said a clear case was made out for compensation as the death was a case of violation of constitutional right to life of the student. 

As per case records, Subhanarayan Mohanty, a Class II student of Kapileswar Prathamasahi Primary School in Puri district, died while attending school on September 28, 2011.

After midday meal, he and his friend wanted to answer the call of nature. They were permitted by the teacher to go outside the school premises. While relieving, they fell into a drain. Subhanarayan died while his friend survived. 

His parents Sanjay Mohanty and Subhashree Mohanty filed a petition seeking Rs 15 lakh compensation on October 19, 2012. It was  taken up for hearing on May 10, 2022. Advocate Jeevan Ranjan Dash argued the case. 

The single judge bench of Justice Arindam Sinha on Tuesday said it appears from the report of the district inspector of schools that though toilet facility was available in the school, the students were not disciplined to use them.

No steps had been taken by the headmistress to enforce discipline of using toilet on the premises. The students coming from rural background were used to defecate in the open. In spite of toilet being available on the school premises, the teacher allowed the students to go outside and relieve themselves.

"As such, contributory negligence in preventing the death is the inference," Justice Sinha observed in his May 10 order. He directed government to pay Rs 10 lakh to the petitioners within four weeks of submission of a copy of the order.