DISTRICT COLLECTOR Vs. AMRUTBEN

JUDGEMENT

(1.) This First Appeal is directed by the appellants against the judgment and decree of the 2nd Joint Civil Judge, S.D., Panch Mahals, Godhara, decided on 30th March, 1996 passed in Special Civil Suit No. 117 of 1986. Under this decree, the defendants No. 3, 4 and 5, the appellants herein, were ordered to pay to the plaintiff- respondents No. 1 and 2, a sum of Rs. 86,800/= with running interest thereon at the rate of 12% p.a. from the date of suit till full realization after deducting the requisite Court fees, if any.

(2.) The facts of the case in brief, are that the Primary School at Rameshara is under the administrative control of defendant No. 3, i.e., the appellant No. 2 herein District Development Officer, who is also the Chief Executive Officer of the Panchmahals District Panchayat. The defendant No. 1, the Principal of Buniyadi School at Rameshara, had expired during the pendency of the suit and the suit was ordered to have abated against him. In the said school the mid-day meal scheme of the appellants was under the supervision and organization of defendant No. 2, i.e., Ganpatsingh Ambalal Chauhan. The plaintiff-respondent No. 2 came up with a case that all the defendants were dealing with the affairs of such mid-day meal scheme. The plaintiffs are the husband and wife having three sons and their one son Rameshbhai, aged 12 years, was studying in the 7th standard of the said school at the time of incident. On 25th September, 1985, Rameshbhai had been to school at 11:00 a.m. In the scheme of the State of Gujarat, i.e., the mid-day meal scheme, there is no provision to employ the services of the students. At about 2:00 p.m. on the fateful day, Rameshbhai, the son of plaintiff- respondents No. 1 and 2 was asked to serve Dal to other students though it was not his duty nor he could have been asked to perform this duty by any of the respondents. What it is alleged by the plaintiffs in the plaint is that he was forced to do the same and during the course of discharging the duties, on account of a push being received from other student, he had fallen in the vessel containing boiling Dal and sustained burn injuries. On 29th September 1985 he succumbed to burn injuries and died. A suit has been filed for compensation of Rs. 1 lac.

(3.) It is not in dispute that the State Government had given Rs. 5,000/- ex-gratia and Rs. 125/- towards medical expenses. The learned Trial Court under the impugned judgment and decree, awarded Rs. 91,800/- as compensation to the plaintiffs- respondents No. 1 and 2 out of which an amount of Rs. 5,000/- has been deducted and a decree of Rs. 86,800/- with running interest at the rate of 12% p.a., as stated earlier, has been passed. Hence this appeal before this Court.