Karnataka High Court orders GBA to Pay ₹2.77 crore to man paralysed due falling of tree branch

The Karnataka High Court has directed the Greater Bengaluru Authority (GBA) to pay a compensation worth ₹2.77 crore to a 39-year-old private firm employee who became paraplegic after a Gulmohar tree branch in a private school fell on him while he was walking on a public road in 2024. The court held that the authority failed to act promptly on the school’s plea to remove the branch protruding onto the road.

Justice Suraj Govindaraj, delivering the verdict on a writ petition filed by Chandan G., held the civic body negligent for failing to act despite receiving specific prior information about the dangerous branch. The court also awarded interest at 6% on the compensation amount from the date of the incident.

Rejecting the GBA’s defence that the incident was an “act of God” and that claim for compensation can be raised through a civil suit, the court said that it has power to award compensation under public law remedy in addition to civil claim for failure to discharge a public or statutory duty by public authorities.

On March 7, 2024, Chandan was walking to work around 10 a.m. when the branch of the tree, located inside the Good Shepherd Convent School, projecting over Convent Road, broke and fell on his neck. He suffered severe spinal injuries, underwent decompression and stabilisation surgery, and was left with 85% medical disability. He claimed ₹5 crore compensation, citing permanent paraplegia and loss of earning capacity.

The school had written to the erstwhile BBMP on February 16, 2024, seeking permission to cut the branch stating that the branch “could break anytime” and was “very dangerous” to school children, residents, and vehicles. The civic body claimed that it had granted permission to prune the branch on March 7, the very day of the accident. However, the Court noted that there was no timestamp on letter of permission granted to the school.

Rejecting the BBMP’s argument that the petitioner’s claim amounted to unjust enrichment, the court adopted Motor Accident Compensation (MAC) principles to assess damages. It accepted the petitioner’s monthly salary of ₹41,212, applied MAC formula for loss of future prospects, etc., and treated his functional disability as 100% despite the 85% medical disability certificate.

The court awarded a total compensation of ₹2.82 crore, which included ₹24.44 lakh towards medical expenses, ₹1.03 for loss of future earning capacity, ₹27 lakh towards future attendant and care charges, ₹1.17 crore for future medical, physiotherapy and rehabilitation charges, and ₹10 lakh for pain, suffering and loss of amenities. The court directed the GBA to pay the remaining ₹2.77 crore to the petitioner as the civic body had paid ₹5 lakh as ex gratia earlier.

While directing the GBA to transfer the compensation amount through RTGS within twelve weeks, the court held that a payment of ₹3 lakh made by the GBA would not be deducted from the GBA’s liability while directing that the school must continue to provide free education to the petitioner’s daughter until completion of 12th standard as was promised.

Also, the court reserved liberty to the GBA to initiate legal proceedings against the school to recover any share of liability, if permissible in law, as the tree stood on its premises, while clarifying that it has not finally decided liability apportionment and has left that issue open for determination in the appropriate proceedings.