SPORTS DEVELOPMENT AUTHORITY OF TAMIL NADU Vs. RAJI

JUDGEMENT

(1.) The 2nd defendant is the appellant before this Court challenging the Judgment and decree passed by the learned Principal District Judge, Dharmapuri in O.S.No.24 of 2009 dtd. 30/6/2011 in and by which the Learned Judge has decreed the suit directing the 2nd defendant to pay a sum of Rs.2,50,000.00 to the plaintiff together with the interest at 9% per annum from the date of the suit till the date of the decree and thereafter at 7% from the date of the decree till the date of realization. The brief facts which are necessary to dispose of this appeal is herein below narrated and the parties are referred to the same rank as before the Trail Court.

(2.) It is the case of the plaintiff that their son was studying in the 9th standard in 1st defendant's school and staying in the hostel attached to the school. On 11/5/2005, after completing the annual exam, the 1st defendant had permitted the said Karthick to learn swimming in the 2nd defendant's swimming pool. It appears that the 2nd defendant did not supervise the boy while he was swimming. As the result of this negligence, the said Karthick appears to have died by drowning in the swimming pool. Had their been proper supervision which is mandatory, the death not have happened. The plaintiff has lost their only son because of the negligence on the part of the defendant.

(3.) The plaintiff contended that the 1st defendant was under the control of the 3rd defendant, further the 2nd defendant was under the control of the 5th defendant. Therefore the plaintiffs have impleaded respondents 3 to 5 as parties in the above suit. The plaintiffs would contend that they had issued a legal notice dtd. 14/5/2005 calling upon defendant's 1 and 2 to pay compensation, however there was no positive response on the side of the defendants and the 1st defendant had issued a legal notice denying their liability.