GOVT. OF A.P. Vs. T. SAI LAKSHMAN

JUDGEMENT

(1.) The present appeal is preferred by the State aggrieved by Judgment and decree in O.S No.24 of 2008 on the file of V Addl. District Judge, Kadapa., dtd. 17/8/2010.

(2.) The 1st respondent represented by his next friend father filed a suit towards expenditure incurred apart from compensation for the injury sustained by him. As per the averments made in the plaint, the plaintiff/respondent No.1, son of a coolie and a fourth class student was present in the classroom on 27/10/2006. The 4th defendant/respondent No.2 who is a Teacher in the M.P Elementary School., with a view to punish a student by name Anand, had chased him with a stick and entered into the classroom of the plaintiff and raised the stick, but due to his carelessness and negligence, the stick contacted the right eye of the plaintiff and a result of the same, he sustained grievous injury. The father of the plaintiff took him to Rayachoty, Government Hospital for treatment, on their advice joined him in L.V Prasad Eye Hospital, Hyderabad., where a surgery was conducted and an amount of Rs.1,00,000.00., was incurred for the same. Though the 4th defendant/respondent No.2 promised that he would meet the medical expenditure, he had not paid any amount and therefore, the plaintiff/respondent No.1 filed suit claiming a compensation of Rs.10,00,000.00.

(3.) In the Trial Court the appellants/defendants 1 to 3 remained exparte. The 4th defendant/respondent No.2 contested the suit by filing written statement. During the course of trial, the Trial Court formulated the following issues:-