These appeals are preferred against the judgment and decree passed by the Subordinate Judge, Ottapalam in O.S. No. 124/90. A.S. No. 367/93 is filed by the plaintiff in the suit with a prayer for enhancement and for making the 2nd defendant also personally liable. A.S. No. 252/93 is filed by the first defendant in the suit for setting aside the judgment and decree. The brief facts necessary for the disposal of the appeal are stated as follows.

2. The plaintiff an eight year old second school student the first defendant a third standard school student, It is the case of the plaintiff that on 1.2.90 when he was standing outside his class room the first defendant came and asked about the whereabouts of his brother and immediately without any reason or provocation slapped on the face of the plaintiff resulting in grievous injury on his right eye. Immediately the boy was taken to the Mannarkkad hospital first and later before the Little Flower Hospital, Ankamali. The boy unfortunately lost his eyes sight. So the boy had moved for damages against his school mate and his father for damages.

3. On the other hand the first defendant would contend that he had not slapped the plaint