MATHEW GEORGE Vs. RAJAN

JUDGEMENT

(1.) Can the concept of in loco parentis be applied to a boarding house in a residential school and if so, to what extent?

(2.) Bineesh Rajan, aged 12 years, who was a student of the 2nd defendant-school, reached his heavenly abode on 24.07.1990 succumbing to jaundice. He was diagonised with jaundice while he was in the school boarding. The Rules and Regulations of the School mandate that the wards should be housed in the boarding attached to the school.

(3.) Shorn of details, on 12.07.1990, the child was brought from the school boarding to the 4th defendant Doctor due to fever, headache and cough. He was running a temperature of 103<SUP>o</SUP> and was given medicines. The next day, i.e., on 107.1990, the child was again taken to the 4th defendant Doctor who found that the fever had come down to 101<SUP>o</SUP>. He was administered medicines and was instructed to be brought the next day if the illness does not subside. Thereafter, the child was brought to the 4th defendant Doctor on 16.07.1990 with the temperature at 103o, yellowish tinch in the eyes and also vomiting. The 4th defendant diagnosed the child with jaundice. The school authorities informed the child's parents who took the child back into their custody in the afternoon of 16.07.1990. Though the parents took the child for some ayurvedic treatment, it not having given any positive result, on 19.07.1990 the child was taken to Mercy Hospital at Vazhithala from where the child was referred to Devamatha Hospital, Koothattukulam for specialised treatment. There he was advised to undergo dialysis and as referred to from the said hospital, on 21.07.1990 the child was taken to the Medical College.Hospital, Kottayam for dialysis. On 24.07.1990 the child collapsed during dialysis and passed away. Alleging negligence on the part of the school authorities and the 4th defendant Doctor, the suit was filed for damages.