The Hindu : Kerala / Kochi News : High Court awards compensation

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Tuesday, Apr 08, 2008
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Kerala

Kerala - Kochi

High Court awards compensation

For death of student after fall in school hostel

Government told to pay Rs.5 lakh with 6 per cent interest
‘Negligence of duties by Principal, matron’

KOCHI: The Kerala High Court on Monday awarded compensation of Rs.5 lakh with six per cent interest to the parents of a hearing-impaired student of the Government Vocational Higher Secondary School, Thiruvananthapuram, who died following a fall in the school hostel.

Justice Thottathil B. Radhakrishnan directed the State government to pay the compensation in two months while allowing a petition filed by P.V. Antony of Alappuzha, father of the student, Ibin Antony.

The court also directed the State government to pay Rs.3,000 as litigation cost to the parent. The second-year student died in July 2000 following a fall in the hostel of the school.

The petitioner said the student had suffered a fall on the evening of July 5, 2000. He was brought dead to the hospital the next morning. The petitioner alleged that the matron and warden were absent when the incident occurred.

The court concluded that the death of Ibin was a direct consequence of the injuries sustained by him on July 5. The fact was that he did not get any medical help till he was declared dead on July 6 morning.

“A clear case of negligence in the discharge of their official duties by the Principal and matron had been “abundantly established,” the court observed.

In a school of such nature, the role of a Principal and the matron was more important than in other schools. The government had failed to discharge its constitutional obligation in ensuring that Ibin’s guaranteed fundamental right to life “was not breached.”

The court said with regard to the age of the deceased and other relevant factors, the claim for Rs.5 lakh was a just and fair compensation.

The court also directed the government to take into account the recommendations of the commission appointed under the Persons with Disabilities (Equal Opportunities, protection of Rights and Full Participation) Act on this incident.

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