REHAN KATARIA Vs. BRATS AND CUTIES SCHOOL

JUDGEMENT

(1.) The complainant who is a minor child, took admission in pre-school education in a Day Care facility namely Brats and Cuties School in Sector-11 of Dwarka. On 26.12.2013, the father of the child was informed at about 03:00 pm that the child had sustained injuries and was admitted in a hospital in Sector-12 of Dwarka. On reaching the hospital, he found that the child had suffered grievous injuries. The child was discharged from the hospital on 31.12.2013 but required further treatment at Bensups Hospital as well as at Paras Hospital. He was also treated at several other hospitals but, he lost partial vision in his left eye. Alleging negligence on the part of the OP in taking care of the complainant, he is before this Commission through his father as his next friend, seeking compensation to the extent of Rs.3 Crores.

(2.) The complaint has been opposed by the OP which has denied any negligence on its part in taking care of the child, though it has not disputed that the child was in the school at the time he sustained injuries. It is stated in the written version filed by the OP that the child Master Rehan arrived at the Day Care facility at about 02:35 pm on 26.12.2013 and had his lunch in the lunch room on the first floor. Thereafter, the children were escorted to the ground floor by a maid in group of 5-6 children. It is further alleged that Master Rehan, alongwith another child, left ahead of the group and immediately held on to the railing of the first floor stairs after the platform constructed between the stairs of the first floor and ground floor, at a height of about 4.5 ft. from the ground floor. The child, playfully tried to jump with the help of the railing but lost control and fell on the floor. The maid immediately picked him up and he was taken to Bensups Hospital. It is also alleged that the OP has paid a sum of Rs.2,02,094/- to the hospital for the medical expenses of the child.

(3.) The complainant has filed the affidavit of Sh. Raman Kataria, father of the child, who admittedly was not present in the school at the time the child sustained injuries and therefore, could have no personal knowledge of the manner in which the child had sustained the said injuries. The OP has filed affidavit of Mr. Deven Khullar, Chairman of the School who also was not present in the school at the time of this incident and therefore, had no personal knowledge of the matter. The OP has also filed the affidavit of Dr. Vaibhav Sharma who is an Eye Specialist, but has no personal knowledge of the manner in which the child sustained injuries.