V S BOYS HIGHER SECONDARY SCHOOL Vs. DURAIRAJ

JUDGEMENT

(1.) AGGRIEVED by the judgment and decree dated 19. 12. 1994 made in O. S. No. 34 of 1989 on the file of the learned Subordinate Judge, Nagapattinam, the defendants in the suit have preferred this appeal.

(2.) THE brief facts of the case are as follows:-It is not in dispute that the deceased Loganathan who is the son of the respondents herein aged about 13 years was a student in the appellants' school, studying VIII standard. On the fateful day, i. e. , on 11. 03. 1987, the deceased Loganathan had gone to the school, his class teacher having been on leave and out of eight periods per day, for the last two periods no substitute teacher was posted to handle the class. Though, it had been informed that the seventh period would be handled by Tamil Teacher, according to the respondents/plaintiffs, even the said Teacher did not attend the class. The third appellant who is the Head Master of the school, had not posted any substitute Teacher to handle the class. However, the boys were permitted to play Kabadi, as there was no Physical Education Teacher, while the deceased Loganathan was participating in the Kabadi, he was handled roughly by the other playmates, which resulted in the death of the deceased loganathan, the son of the respondents herein.

(3.) ACCORDING to the respondents, the unfortunate occurrence had happened only due to the carelessness and negligence on the part of the appellants, for which, the respondents have claimed compensation of Rs. 50,000/- against the appellants/defendants for the loss of their son.