High Court directs payment of Rs 2.8 crore compensation for injuries caused by falling tree branch

Bengaluru: The High Court has directed the GBA (formerly BBMP) to pay compensation of Rs 2.82 crore to G. Chandan, who suffered serious injuries after a tree branch fell on him due to the civic body's alleged negligence.

The High Court criticised the negligence of the BBMP, now GBA, for failing to take timely action despite receiving prior information that a dangerous tree branch could fall onto the road. The court also issued several directions to the state government on measures to ensure public safety, including the removal of dangerous trees.

Hearing a petition filed by 38-year-old Chandan, a single-judge bench headed by Justice Suraj Govindaraj directed the civic body to deduct the Rs 5 lakh already paid by the BBMP from the compensation amount and pay the remaining amount. Annual interest of 6% will apply from March 7, 2024, the date of the accident, until the payment is made. The BBMP and concerned urban local bodies have been directed to pay the amount through RTGS within 12 weeks of receiving a copy of the judgment.

The court also directed the school, which has already paid Rs 3 lakh, to honour its assurance of providing free education to Chandan's daughter up to Class 12.

Background of the case

The incident occurred at around 10 am on March 7, 2024, on Convent Road in Shanthala Nagar, Bengaluru. Chandan, who was working for a private company, was on his way to work when a large branch of a gulmohar tree inside the premises of Good Shepherd Convent School fell on his neck.

He suffered a severe spinal injury and underwent immediate surgery. He subsequently developed traumatic paraplegia. Although a medical certificate assessed his physical disability at 85%, the High Court considered his disability to be 100% from the perspective of his livelihood and ability to perform daily activities.

Delay in permission to cut branch

Good Shepherd Convent School had written to the BBMP on February 16, 2024, regarding the dangerous branch. The letter was submitted to the BBMP on February 22. The school had warned that the branch could “fall at any time” and was “very dangerous” to children, residents and vehicles.

However, the BBMP granted permission to cut the branch only on March 7, the day of the accident.

Compensation calculation

• Medical expenses: Rs 24.44 lakh
• Loss of future income: Rs 1.03 crore
• Caregiver expenses: Rs 27 lakh
• Future treatment, physiotherapy and rehabilitation: Rs 1.17 crore
• Pain and suffering: Rs 5 lakh
• Loss of amenities of life: Rs 5 lakh
• Total compensation: Rs 2.82 crore

Civic body's 'act of God' argument rejected

The High Court rejected the BBMP's contention that taking 13 days to grant permission to cut the tree branch did not constitute unusual delay, and that the incident occurred due to an “act of God”.

The court held that even though the tree was located on private property, the civic body had a legal duty to protect the safety of people using the public road after receiving prior information about the danger. The court made it clear that a natural cause cannot be used as an excuse when the authorities were already aware of the risk.

Court issues several directions for implementation within six months

• The state government must establish a comprehensive safety system covering not only trees but all hazards that could pose a danger to the public.
• Hazards such as potholes, open manholes, drains, electrical dangers, dangerous buildings and construction works must be identified.
• A common digital system must be created through which citizens can submit complaints along with photographs, videos and location details.

Each complaint must be given a unique identification number, allowing citizens to track its status from registration until resolution.

Hazards must be classified as emergency, high, medium or normal, with immediate protective measures taken and maintained.

AI-based systems may be used to identify hazards, but they must not be given authority to determine legal violations or responsibility.

The system should first be implemented in the city, with the key directions to be implemented within six months.

Procedures for managing dangerous trees must be reviewed within three months and corrective measures taken.