M.THANIKACHALAM, J. - (1.) The 1st opposite party is the appellant.
(2.) The 1st respondent/ 1st complainant?s son (hereinafter called complainant), by name Gautham Raj, was studying in the 5th standard, in the 1st opposite party school, which was controlled and maintained by the opposite parties 2 to 4. On 6.1.2004, when the complainant?s son was requested to take a coir, to bundle the old papers, he took the same from the card board box, and at that time a scorpio bite him, resulting giddiness and other complications. The 1st opposite party, had not taken the boy immediately to the doctor, and also not informed to the other opposite parties, whereas waiting for bus, took the boy to the hospital, after 4 hours, thereby committed deficiency and negligent act. If the 1st opposite party had engaged atleast a two wheeler or anyother vehicle, the life of the boy would have been saved, which the 1st opposite party failed, as headmistress. Because of the delay, despite treatment, the boy died on 7.1.2004, for which the opposite parties should be held responsible, which caused mental agony, and other loss to the complainant, thereby entitling her to claim a sum of Rs.4.5 lakhs, as compensation, as well as punitive damage of Rs.5000/-, in addition to cost of Rs.1000/-.
(3.) The opposite parties, admitting that the complainant?s son was studying in the school, opposed the case, contending that the headmistress has not asked any work to be performed by the boy, whereas while he was playing, he was bitten by scorpio, for which taking diligent steps, taking the boy to the doctor, treatment was given, and despite he died, for that the opposite parties cannot be held responsible, thereby praying for the dismissal of the case.;