Bhubaneswar: The Odisha Human Rights Commission (OHRC) today ordered the State government to pay a compensation of Rs 5 lakh to the parents of Annapurna Choudhury, a young +3 student who died in a fatal road accident by a speeding truck driven rash and negligently at College Square in Cuttack.
Based on the report of the ACP, Traffic, Cuttack on the alleged accident leading to the death of a young, the OHRC observed that the cause of the accident can be solely attributed to the negligence of Havildar Surya Narayan Sahu, OAPF Jagabandhu Wadaka and Home Guard Prafulla Kumar Routray against whom departmental actions were initiated.
The heavy vehicle causing accident was allowed to ply on the road during restricted hour. The OHRC has said that Ravenshaw College Square, the place of accident is a vulnerable place from the point of view of traffic and is mostly crowded with students.
In such circumstances, it can be safely concluded that loss of life of the young girl occurred due to dereliction on the part of public servants for whose conduct the State is vicariously liable, the OHRC further observed.
The rights body noted that no doubt a police case has been registered against the erring driver and owner of the vehicle and action under criminal law has been taken and may be the parents of the student are entitled to compensation under the Motor Vehicle Act. However, since the report is clear regarding negligence on the part of the public servants in ensuring safety on restricted road, liability on the State does not fizzle out, the OHRC ruled.
“Under such circumstances, the Commission feels that the State is liable to pay a sum of Rs 5 lakh to the deceased girl’s parents towards compensation,” the OHRC’s order read.
The OHRC has directed Additional Chief Secretary (Home) to take steps for payment of Rs 5 lakh to the parents of the deceased student Annapurna Choudhury within a period of two months from the date of receipt of the order and submit action taken report by March 31 this year.
