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Supreme Court of India 2021-07-14 allowed

Kum. Akshatha vs Secretary B.N.M. Education Institutions & Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A 14-year-old student contracted Meningo Encephalitis during a school educational tour in North India. Due to gross negligence of accompanying teachers in failing to provide timely medical attention, she suffered permanent disability affecting memory and speech, leaving her bedridden with no recovery prospects. The State Consumer Commission awarded Rs.88.73 lakhs; the National Commission affirmed negligence findings but arbitrarily reduced the award to Rs.50 lakhs without reasoned justification. The Supreme Court held that while appellate authorities may reduce compensation, they must provide detailed reasons explaining why the original award was excessive. An arbitrary reduction without substantive discussion violates principles of judicious discretion and is unsustainable. The appeal was allowed and the original award restored.

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Consumer Protection Tort Negligence Compensation Judicial Discretion Appellate Powers Educational Institution Liability

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