ALI Vs. SUMESH

JUDGEMENT

(1.) THESE appeals are preferred against the judgment and decree passed by the Subordinate Judge, Ottapalam in OS 124/90. AS 367/93 is filed by the plaintiff in the suit with a prayer for enhancement and for making the 2nd defendant also personally liable. AS 252/93 is filed by the first defendant in the suit for setting aside the judgment and decree. The brief facts necessary for the disposal of the appeal are stated as follows.

(2.) THE plaintiff was an eight year old second standard school student and the first defendant was a third standard school student. It is the case of the plaintiff that on 1.2.90 when he was standing outside his class room the first defendant came and asked about the whereabouts of his brother and immediately without any reason or provocation slapped on the face of the plaintiff resulting in grievous injury on his right eye. Immediately the boy was taken to the Mannarkkad hospital first and later before the Little Flower Hospital, Ankamali. The boy unfortunately lost his eye sight. So the boy had moved for damages against his school mate and his father for damages.

(3.) ON appreciation of the evidence the trial Court granted a decree in favour of the plaintiff to be realised from the first defendant. The 2nd defendant was exonerated from the liability. It is against that decision these appeals had been filed. During the pendency of the appeal plaintiff died and his brothers and sisters have been impleaded as supplemental appellants before this Court.