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Chennai: Holding the government as being vicariously liable for the death of a school student, who died after his classmate banged his head against a wall, the Madras high court has awarded Rs 6 lakh compensation to his parents.
Justice N Paul Vasanthakumar directed the chief secretary to pay the amount, along with interest at the rate of 9% per annum, to one P N Kanagaraj of Pollachi. The amount shall be paid by January 12, 2009, the judge said.
On January 12, 2004, class XI students of the SRIMB Higher Secondary School in Pollachi were engaged in “free for all activities” as the English teacher in charge for the period was on leave. When teased by classmates, a student caught hold of K Jagankumar and banged his head against the wall. He fell unconscious, only to be declared ‘brought dead’ by hospital authorities later.
The Juvenile Justice Board found the boy who committed the offence guilty and convicted him for murder. He was sentenced to five years imprisonment in a special home, in 2005. Kanagaraj sent several representations to the authorities seeking compensation in view of the negligence and dereliction of duty by the school authorities, who till the end did not lodge a complaint with the local police. It was the victim’s classmate who later lodged a complaint.
The boy’s father filed the present petition seeking Rs 10 lakh as compensation in 2005. Till the case was disposed of on Wednesday, none of the government authorities including the chief secretary, education secretary, director of school education and the chief educational officer of Coimbatore district had filed a counter-affidavit in the matter. “This attitude of the officials shows an indifferent disposition of mind, without realising the responsibility reposed on them,” the judge lamented.
Justice Paul Vasanthakumar also held that the principal or headmaster of an educational institution was responsible for discipline in the institution, apart from maintaining quality of education as well as functional efficiency.
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