The Supreme Court, while hearing an appeal against reduction of compensation by National Consumer Redressal Commission in a case where a student fell sick during a school’s tour and due to the latter’s negligence is now bedridden, restored the amount to Rs 88,73,798 awarded to her by the state commission.
The student had appealed to the Apex Court after National Consumer Redressal Commission had reduced the amount to Rs 50,00,000 from Rs 88,73,798 stating that the former amount would suffice as compensation amount. A Division Bench comprising Justice Navin Sinha and Subhash Reddy issued the direction to National Commission to restore the amount to Rs 88,73,798 which was given to her by the state commission.
The State Commission and National Commission had arrived at reports of gross negligence by the respondents stating that teachers who were accompanying and students too were negligent in performing their duty.
While noting that an appellate authority has the jurisdiction to reduce the compensation, Supreme Court has stated that, that jurisdiction draws its source from the power of judicial discretion to be exercised in the given facts of the case.
The power to exercise judicial discretion is indeed wide but is inherently limited by the requirement of a judicious exercise of the discretionary jurisdiction, the Supreme Court has said.
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