In a blistering 41-page judgment, the Punjab and Haryana High Court has castigated the Chandigarh administration for its “lack of empathy and sensitivity” in handling compensation for the victims of the 2022 Carmel Convent School tree tragedy, and ordered it to pay Rs 1.5 crore.Justice Kuldeep Tiwari directed that Rs 1 crore be given to the family of a student killed in the incident and Rs 50 lakh to a minor girl whose arm was amputated. The judge also ordered that her future medical expenses, including transplants, be borne by the administration, and that her school fees be waived till Class 12.The tragedy occurred on July 8, 2022, when students were forced to eat lunch under a massive heritage peepal tree in the absence of a dining hall or safe shelter. Around 11.30 am, a huge branch snapped and crashed onto them, killing one girl and grievously injuring another. Several others were hurt.‘Awoke from its slumber’Slamming the administration’s conduct, Justice Tiwari wrote: “In the aftermath of this tragic occurrence, the Chandigarh Administration awoke from its slumber and constituted a One-Member Inquiry Committee.” He noted that while the administration eagerly accepted all other recommendations of the inquiry, including remedial measures, it stonewalled the compensation proposal by hiding behind “various legal technicalities.”The judgment went on: “This conduct reflects a lack of empathy and sensitivity on the part of the Chandigarh Administration… To show active engagement, the Administration constituted a Committee. It not only accepted all the recommendations and remedial measures proposed by the Committee but also ensured their implementation. However, when it came to the recommendation regarding the payment of compensation due to the established negligence of the Engineering Department, the Chandigarh Administration resorted to various legal technicalities.”Inquiry findings ignoredThe administration’s own one-member committee, headed by retired Justice Jitendra Chauhan, had found the engineering department negligent in failing to maintain the tree. The report, submitted in December 2022, recommended Rs 1 crore for the deceased’s family and Rs 50 lakh for the injured girl, along with coverage of future medical costs and a job for a school employee who saved lives.While other recommendations were carried out, the compensation advice was brushed aside as “non-binding”. Instead, the administration paid ex gratia relief of Rs 20 lakh to the deceased’s family and Rs 10 lakh to the survivor. The petitioners, the father of the deceased and the injured girl herself, moved the high court in 2023.Story continues below this adCourt rejects ‘act of God’ pleaThe administration argued that the tree, notified as a “heritage tree,” was the school’s responsibility and the fall was unforeseeable. The school pointed to fee waivers and payments it had already made. Justice Tiwari rejected these defences, holding the engineering department negligent and dismissing the “act of God” claim.Drawing from landmark rulings, including Nilabati Behera vs. State of Orissa, he affirmed that courts could award compensation as a public law remedy for violation of fundamental rights.‘Irreplaceable loss’The court refused to calculate compensation on Motor Vehicles Act formulas, stressing the unique trauma, one girl left permanently disabled with limited career and marriage prospects, and one family suffering an irreplaceable loss.Besides ordering payment of Rs 1.5 crore, the court directed the administration to:Story continues below this ad• Bear the survivor’s medical expenses for life, including any transplant in India or abroad.• Waive her school fees till Class 12.• Implement all inquiry recommendations in full.• Ensure all schools provide safe dining spaces or allow meals inside classrooms.