HC orders close to Rs 3 crore compensation to Bengaluru man

He was travelling to work when a large branch from a gulmohar tree inside the Good Shepherd Convent School campus fell on his neck.

Bengaluru: The Karnataka High Court has directed the Bruhat Bengaluru Mahanagara Palike (BBMP), now under the Greater Bengaluru Authority (GBA), to pay compensation of Rs 2. 77 crore to an individual who suffered severe injuries after a tree branch fell on him, observing that the civic body failed to act despite having prior information about the danger.

Justice Suraj Govindaraj, who heard the petition filed by G Chandan, directed payment of the compensation with six per cent annual interest. The amount already paid by the BBMP as Rs 5 lakh will be deducted from the total compensation. The remaining amount, along with interest calculated from March 7, 2024, until the date of payment, has to be deposited through RTGS within 12 weeks of receiving a copy of the order.

The High Court also issued several directions to the state government and civic authorities concerning public safety and the removal of dangerous trees and branches in Bengaluru.

The court rejected the BBMP’s contention that the delay in granting permission to cut the branch was not unusual and that the tree stood on private property. It also rejected the argument that the incident occurred due to an unavoidable natural cause.

The court observed that once the civic authorities had been informed about the danger, they had a legal duty to take steps to protect the public using the road, irrespective of whether the tree was located on private property. It further held that natural causes could not be cited as an excuse when the authorities had prior knowledge of the danger.

Chandan was travelling to his office around 10 am on March 7, 2024, along Convent Road in Shanthala Nagar when a large branch from a gulmohar tree inside the Good Shepherd Convent School campus fell on his neck.

He suffered severe spinal injuries and underwent surgery. He subsequently developed traumatic paraplegia. Though a medical certificate assessed his physical disability at 85 per cent, the High Court treated his functional disability as 100 per cent, considering its impact on his livelihood and daily activities.

The school had warned the BBMP about the dangerous branch in a letter dated February 16, which was submitted to the civic body on February 22. The school had specifically warned that the branch could fall at any time and posed a serious threat to children, residents and vehicles.

Despite the warning, permission to cut the branch was granted only on March 7, the day of the accident. Taking these circumstances into account, the High Court held the civic authorities responsible for the failure to take timely preventive action and ordered substantial compensation.