STATE OF KERALA Vs. JISHA (MINOR) AND ORS

JUDGEMENT

(1.) The first defendant in a suit for damages is the appellant. The suit was filed by a minor represented by her father as next friend alleging that she sustained grievous penetrating injury in her right eye. According to the plaintiff she was a pupil in an Anganwadi run by the 1st defendant through the Social Welfare Department. The 2nd defendant was the worker/teacher of the Anganwadi. On 3.2.1990, by about 12 noon, another student of a nearby centre came to the Anganwadi and inflicted injury to the plaintiff's right eye. It is alleged that no action was taken by the 2nd defendant and later the plaintiff's mother came and took her to a hospital and treatment was given after reference to the Government Hospital, Cherthala and later to the Medical College Hospital at Alappuzha. She was an inpatient from 3.2.1990 to 14.2.1990.

(2.) The suit is filed on the allegation that the 2nd defendant was careless and negligent in the matter of preventing strangers from entering the Anganwadi compound and she had committed further negligence by not giving immediate medical aid to the plaintiff and it is also alleged that the 1st defendant also is liable to compensate the plaintiff, having employed the 2nd defendant and also is vicariously liable for the wrongful act committed by the 2nd defendant.

(3.) The plaintiff therefore claimed an amount of Rs.1,00,000/- with interest @ 12% per annum. According to the plaintiff, her vision of one eye was completely lost and the expectation of life shortened.