- Mrs. S. Sivakamy,
House No.P 68/1, Strand Line,
Fort William, Kolkata-21 and
2/415 – Govindanpuram,
Paramakudi, Ramnad (DT), Tamilnadu. _________ Complainant
____Versus____
- The Principal,
Kendriya Vidyalaya,
Fort William, P.S. Hastings, Kolkata-21.
2) Kendriya Vidyalaya,
Fort William, P.S. Hastings, Kolkata-21.
3) Mr. Anurag Sachdeva,
16-A, Loyal Road, and
8F/12C Chak Raghunath Naini,
Allahabad – 211001. _______ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 13 Dated 29-10-2014.
The case of the complainant in short is that the minor daughter of the complainant was student of o.p. no.2 viz. Kendriya Vidyalaya, Kolkata. The daughter of the complainant Miss S. Sinthu, a student of Class-IV, Sec-B studying at school of o.p. at Kolkata.
Complainant has stated that during the recess hours on 11.7.12 the student of the school as stated above while going to toilet through the varanda met with an accident as a block of cement slipped from a certain height and fell over the right let of the complainant’s daughter.
Complainant further stated that o.p. no.3 was carrying on construction work inside the school premises with the permission of o.p. no.2. It is expected that o.p. no.3 should made some arrangements to have sufficient guard and protection in order to restrict the children of the school from going into the area where the said repairing work was going on. But as a matter of fact there was no such arrangement has been made by o.ps.
Complainant has annexed some xerox copy of photos showing the nature and extend of fracture and/or injury received by her minor daughter which has been annexed by complainant as annex-A with the petition of complaint.
Thereafter some personnel of o.p. no.3 present on the spot carrying the injured daughter to the Command Hospital (EC), Kolkata at the instance of o.p. no.1.
The doctors of the said hospital after examining the daughter of the complainant declared that there were multiple fractures on her right leg and advised the patient for treatment from 11.7.12 to 18.8.12 and the relevant photocopy of the medical report has been annexed by complainant as annex-B with the petition of complaint. Thereafter on 19.8.12 the daughter of the complainant has been discharged by the hospital after a slow progress of recovery. The discharge certificate has been annexed by complainant as annex-C with the petition of complaint.
Thereafter the father of the child upon assurance from o.p. nos.1 and 2 in respect of the reimbursement of medical expenses of the discharged girl from the aforesaid hospital was admitted to civil hospital viz. “Madurai Institute of Orthopaedic and Traumatology” for better treatment since as the native place of the complainant. the patient underwent an operation there on 22.8.12 and remained admitted in the said hospital till 27.8.12. The relevant document has been annexed as annex-D by complainant with the petition of complaint.
The said daughter was readmitted for further treatment at MIOT on 18.9.12 for her treatment and the same was continued till 24.9.12. Copy of the treatment report has also been annexed by complainant as annex-E with the petition of complaint. Even thereafter the said insured girl had to undergo treatment regularly as per advice of the doctor and the photocopy of the said report has also been annexed as annex-F with the petition of complaint.
Complainant has also stated that in the tune of Rs.2,50,000/- had to incur by the guardian of the minor daughter towards the treatment of the injured daughter and the document of the same has been annexed by complainant as annex-G collectively with the petition of complaint.
Thereafter o.p. no.1 informed the Garrison Engineer (GE), Fort William by a letter dt.23.11.12 stating the entire incident of details and medical expenses spent by the father of the injured girl. But no effective response has been made by o.p. authority. Xerox copy of the letter dt. Nil and dt.23.11.12 of the relevant fact has been annexed by complainant and marked with letter ‘H’.
Complainant also stated in her petition that she has approached and/or communicated by communication to the concerned o.ps. regarding reimbursement of the medical expenditure, but ultimately she failed to receive any reimbursement. Complainant further stated that she had already incurred Rs.3 lakhs altogether upto the date of filing the instant case in respect of the expenditure rendered towards the treatment of her daughter due to the accident met with her in the school as stated hereinabove.
Complainant also stated that her 10 years old daughter is absolutely bed ridden and for which she has to loss her normal life and obviously she has to loss her career due to physical unfitness and besides she has to suffer in respect of security because she would have to depend somebody else throughout her life and would not be able to live an independent life. Complainant also apprehended that her daughter would also unable to lead a normal social and marital life.
In view of the above facts and circumstances, complainant filed the instant case before this Forum with the prayer contained in the prayer portion of the petition of complaint.
All the o.ps. did not appear before this Forum despite receipt of notices in due time and not filed w/v. Hence, the entire case has proceeded exparte against all the o.ps.
Decision with reasons:
The documents which has been filed with the petition of complaint by complainant are remained unchallenged testimony since o.ps. did not appear before this Forum in spite of receipt of due notices in due time. It is proved without doubt that o.ps. had made sufficient deficiency in service to the complainant’s daughter being the student of the school like Kendriya Vidyalaya, Kolkata and for their negligence the incident took place which is very gracious in nature since the condition of her right leg is not yet normal and she will have to suffer in many ways during the course of her life. O.ps. should made some arrangement regarding security and rendering protection of the students of the school while some repairing works were going on during the school hours. If such measurements were taken by o.ps., such unfortunate incident would have not been occurred.
In view of the above, we are of the view that complainant has substantiated her case and is entitled to relief.
Hence, ordered,
That the case is allowed ex parte with cost against all the o.ps. O.ps. are jointly and/or severally directed to reimburse the medical expenses of Rs.3,00,000/- (Rupees three lakhs) only and are further directed to pay to the complainant compensation of Rs.14,00,000/- (Rupees fourteen lakhs) for harassment and mental agony and owing to the severity of the incident faced by only 10 years old child and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
