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.